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X
TREATIES AND OTHER
INTERNATIONAL AGREEMENTS
OF THE
UNITED STATES OF AMERICA
1776-1949
Compiled under the direction of
Charles I. Bevans, LL.B.
Assistant Legal Adviser, Department of State
ry gx
Volume 11
PHILIPPINES-
UNITED ARAB REPUBLIC
95978
DEPARTMENT OF STATE PUBLICATION 8728
Released February 1974
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price $14.35
CONTENTS1
Philippines
July 4, 1946
General relations (provisional agreement)
Page
1
July 4, 1946
General relations
3
July 4, 1946
Trade and related matters
7
July 10 and 12, 1946
Representation of foreign interests
32
September 13 and 17, 1946
American-Philippine Financial
sion
Commis-
34
November 16, 1946
Air transport services
37
February 14, 1947
Public roads program
42
March 14, 1947
Fishery programs
48
March 14, 1947
Military bases
55
March 14, 1947
Consular relations
74
March 21, 1947
Military assistance
84
May 12, 1947
Coast and geodetic program
90
May 12, 1947
Meteorological program
96
May 12, 1947
Air navigation program
102
May 13 and 16, 1947
Recruitment of laborers and
employees
107
July 1 and September 12,
1947
September 4, 1947
by United States Army (For text, see
7 UST 2539; TI AS 3646.)
Transfer of Leyte-Samar Naval Base from
annex A to annex B of military bases
agreement (For text, see 3 UST 457 ;
TIAS 2406.)
Radiobroadcasting
107
108
1 In order to provide a complete chronological list of agreements entered into by the United
States during the years covered in this volume, the table of contents includes citations to
several agreements which are not printed in this compilation because they entered into force
for the United States after 1949 and are therefore contained in the series entitled United States
Treaties and Other International Agreements (UST). For a more detailed explanation of the scope
of these volumes, see the preface to volume 1 and the foreword in volume 5.
iv CONTENTS
Philippines — Continued Page
September 17 and 30, Postal convention 115
1947
October 12, 1947 Transfer of Corregidor Island and Pettit 121
Barracks (For text, see 3 UST 458;
TIAS 2406.)
October 3 and 14, 1947 Establishment of bank at Clark Field (For 121
text, see 3 UST 466; TIAS 2406.)
December 18 and 19, 1947 Transfer of Mariveles Quarantine Reser- 121
vation (For text, see 3 UST 468;
TIAS 2406.)
December 23 and 24, 1947 Transfer of certain parcels of land at 122
Nichols Field (For text, see 3 UST
476; TIAS 2406.)
January 2 and 3, 1948 Transfer of Corregidor Island and Pettit 122
Barracks (For text, see 3 UST 480;
TIAS 2406.)
February 19 and 29, 1948 Transfer of Corregidor Island and Pettit 122
Barracks (For text, see 3 UST 482;
TIAS 2406.)
March 23, 1948 Financing of educational exchange 123
program
March 31 and April 1, Military cemeteries (For text, see 3 UST 130
1948 485; TIAS 2406.)
April 2 and 8, 1948 Financing of educational exchange 131
program
April 12 and June 7, 1948 Exchange of publications 134
September 26, 1947-June 7, Naval charter for lease of vessels 137
1948
June 30, 1948 Finance (For text, see 1 UST 767; TIAS 148
2151.)
February 12 and August 4 Rights of priority in patent applications 149
and 23, 1948
August 27, 1948 Payment of public and private claims 153
August 27, 1948 Air transport services 158
October 21, 1948 Copyrights 160
December 8 and 20, 1948 Financing of educational exchange 168
program
CONTENTS
March*26 and 28, 1949
May 14 and 16, 1949
Philippines — Continued
Occupation of temporary quarters and
installations
Occupation of temporary quarters and
installations
May 14 and 16, 1949
June 7, 1949
July 11, 1949
July 25 and 28, 1949
Transfer of certain military reservations
Hospitals and medical care for Philippine
veterans
Finance (For text, see 1 UST 769; TIAS
2151.)
Veterans' claims (For text, see 2 UST 999 ;
TIAS 2253.)
December 16 and 21, 1949 Public .oads program (For text, see 3 UST
3715; TIAS 2499.)
November 14, 1924
February 10, 1925
November 22, 1927
February 10-August 24,
1928
August 16, 1928
August 16, 1928
January 4 and March 8,
1929
Poland
Debt funding
Most-favored-nation treatment in customs
matters
Extradition
Narcotic drugs : Free City of Danzig
Arbitration
Conciliation
Reduction of visa fees for nonimmigrants
October 29, 1929-
January 17, 1930
Waiver of visa fees for nonimmigrants:
Free City of Danzig
January 17, March 14, and Recognition of ship measurement
April 22, 1930 certificates
June 19, 1930 Smuggling of intoxicating liquors
June 15, 1931 Friendship, commerce, and consular rights
August 1 7 and Narcotic drugs
September 17, 1931
June 10, 1932 Debt funding
March 9, 1934 Friendship, commerce, and consular
rights : Free City of Danzig
Page
171
175
178
185
194
194
194
195
202
206
213
218
221
224
226
229
233
237
257
260
263
VI
CONTENTS
April 5, 1935
August 22, 1935
December 4, 1937
July 27 and August 5,
1938
July 1, 1942
March 30, 1942-
February 25, 1943
October 5 and 30, 1945
April 22, 1946
April 24, 1946
August 5 and 29, 1946
February 16 and March 8,
1947
February 6 and April 3
and 14, 1947
September 17, 1947
December 10 and 31, 1947
August 26, 1840
February 26, 1851
May 22, 1899
November 19, 1902
April 6, 1908
May 7, 1908
May 7, 1908
June 28, 1910
Poland — Continued Page
Extradition 265
Extradition : Free City of Danzig 267
Recognition of ship measurement certifi- 269
cates: Free City of Danzig
Visa fees for nonimmigrants 271
Lend-lease 274
Military service 277
Customs privileges for foreign service 283
personnel
Surplus property (For text, see 12 UST 285
368; TI AS 4725.)
Economic and financial cooperation 286
Exchange of members of armed forces 289
accused of committing crimes (For
text, see 3 UST 522; TIAS 2409.)
Mixed nationality commission 290
Exchange of members of armed forces 292
accused of committing crimes (For
text, see 3 UST 526; TIAS 2409.)
Surplus property (For text, see 12 UST 292
371; TIAS 4725.)
Surplus property (For text, see 12 UST 292
373; TIAS 4725.)
Portugal
Commerce and navigation 293
Settlement of certain claims 304
Commerce 307
Commerce 310
Arbitration 312
Extradition 314
Naturalization 322
Commercial relations 324
CONTENTS
vu
June 28, 1913
February 4, 1914
November 16, 1915
September 14, 1920
September 5, 1923
February 11, 1928, and
February 22, 1929
March 1, 1929
November 28, 1944
March 27, 1945
December 6, 1945
May 17, 1946
May 30, 1946
May 18 and August 26,
1946
June 28, 1947
February 2, 1948
September 28, 1948
September 28, 1948
October 3, 1947-
August4, 1949
June 17, 1881
March 31, 1906
July 23, 1924
December 4, 1925
February 26, 1926
Portugal — Continued Page
Arbitration 329
Advancement of peace 331
Advancement of peace 334
Arbitration 336
Arbitration 338
Narcotic drugs 341
Arbitration 344
Prosecution of the war (For text, see 2 346
UST 2124; TIAS 2338.)
Operation of U.S. Air Transport Com- 347
mand through Portuguese territory
Air transport services 351
Supplies of Portuguese colonial sisal 356
Air transit facilities in the Azores (For 359
text, see 2 UST 2201 ; TIAS 2345.)
Special tariff position of Philippines 360
Air transport services 362
Air transit facilities in the Azores (For 366
text, see 2 UST 2266; TIAS 2351.)
Most-favored-nation treatment for areas 367
under occupation or control
Economic cooperation 370
Settlement of certain war claims (For 381
text, see 3 UST 4914; TIAS 2664.)
Romania
Rights, privileges, and immunities of 382
consular officers
Trademarks 389
Extradition 391
Debt funding 398
Most-favored-nation treatment in cus- 405
toms matters
vni
March 21, 1929
March 21, 1929
February 4, 1928, and
April 17, 1929
August 20, 1930
June 11, 1932
November 10, 1936
August 25, 29, and 30,
1939
June 19 and 28, 1946
February 18-24, 1947
January 17, 1878
January 10, 1906
October 10, 1934
November 26, 1838
November 7, 1933
October 12 and
December 1, 1931
March 17 and
September 20, 1933
March 17 and
September 20, 1933
March 24, 1937
CONTENTS
Romania — Continued
Arbitration
Conciliation
Narcotic drugs
Page
408
411
414
417
Commerce : most-favored-nation treat-
ment
Debt funding 420
Extradition 423
Reduction of visa fees for nonimmigrants 425
War graves registration and associated 428
matters
Relief assistance 431
Samoa
Friendship and commerce 437
San Marino
Extradition 440
Extradition 446
Sardinia
Commerce and navigation 448
Saudi Arabia
Diplomatic and consular representation; 456
juridical protection; commerce and
navigation
South Africa
Recognition of certificates of airworthiness 459
for imported aircraft
Air navigation 462
Pilot licenses to operate civil aircraft 469
Reduction of visa fees for nonimmigrants 473
April 2, 1940
March 31-
October 31, 1942
April 17, 1945
April 17, 1945
December 13, 1946
March 21, 1947
April 10, 1947
May 23, 1947
December 18, 1947
November 16, 1949
CONTENTS
South Africa — Continued
Advancement of peace
Military service
Lend-lease settlement
Postwar economic setdements
Double taxation: taxes on income (For
text of convention and supplementary
protocol, see 3 UST 3821; TIAS
2510.)
Lend-lease settlement
Double taxation: estate taxes (For text
of convention and supplementary
protocol, see 3 UST 3792; TIAS
2509.)
Air transport services
Extradition (For text, see 2 UST 884;
TIAS 2243.)
Exchange of publications
IX
Page
476
479
486
489
492
493
500
501
512
513
Spain
October 27, 1795
Friendship, limits, and navigation
516
August 11, 1802
Settlement of claims
526
February 22, 1819
Amity, settlement, and limits
528
February 17, 1834
Settlement of claims
537
February 11 and 12, 1871
Spanish-American Claims Commission
540
February 27, 1875
Claims: the case of the " Virginius"
544
January 5, 1877
Extradition
549
January 12, 1877
Judicial procedure
554
February 23, 1881
Spanish-American Claims Commission
557
May 6, 1882
Spanish-American Claims Commission
560
June 19, 1882
Protection of trademarks and manufac-
tured articles
563
August 7, 1882
Extradition
565
June 2, 1883
Spanish-American Claims Commission
569
308-582— 7c
CONTENTS
January 2, 1884
February 13, 1884
October 27, 1886
September 21, 1887
December 21, 1887
May 26, 1888
January 3-July 31, 1891
January 10 and 11, 1895
July 6 and 15, 1895
April 23-May 13, 1898
August 12, 1898
December 10, 1898
March 29, 1900
November 7, 1900
August 5 and 7 and
November 7, 1901
July 3, 1902
January 29 and November
18 and 26, 1902
June 15, 1904
August 1 and December 20,
1906
April 20, 1908
February 20, 1909
May 29, 1913
July 2 and 6, 1914
Spain — Continued Page
Commercial relations with respect to Cuba 571
and Puerto Rico
Commercial relations with respect to Cuba 573
and Puerto Rico
Commercial relations with respect to Cuba 575
and Puerto Rico
Commercial relations with respect to all 577
Spanish possessions
Commercial relations with respect to all 579
Spanish possessions
Commercial relations with respect to all 580
Spanish possessions
Commercial relations with respect to Cuba 581
and Puerto Rico
Commercial relations with respect to Cuba 595
and Puerto Rico
Copyright 597
Naval warfare 599
Basis for establishment of peace 613
Treaty of peace (Treaty of Paris) 615
Philippines : extension of time for declara- 622
tion of Spanish nationality
Cession of outlying islands of Philippines 623
Letters rogatory 625
Friendship and general relations 628
Copyright 639
Extradition 642
Commercial relations 649
Arbitration 653
Commercial relations 655
Arbitration 657
Mining rights in Mexico 659
CONTENTS
XI
September 15, 1914
November 16 and Decem-
ber 20, 1915
March 8, 1919
October 6 and 22, 1923
April 26 and 27, 1924
May 2, 1925
June 19 and 27, 1925
February 10, 1926
May 25, October 26, and
November 7, 1927
February 3, March 10,
and May 24, 1928
August 24, 1927, and
May 13 and June 20,
1929
April 16 and June 10, 1930
December 2, 1944
December 21, 1945, and
January 15, 1946
February 21 and
March 12, 1946
May 4 and July 11, 1946
April 30 and May 3, 1948
April 3, 1783
January 14, 1893
May 2, 1908
June 1, 1910
February 26 and
March 7, 1913
June 28, 1913
Spain — Continued
Advancement of peace
Advancement of peace
Arbitration
Commercial relations
Commercial relations
Commercial relations
Reduction of visa fees for nonimmigrants
Suppression of smuggling
Commercial relations
Narcotic drugs
Claims
Double taxation : shipping profits
Air transport services
Air transport services
Air transport services
Special tariff position of Philippines
Restitution of monetary gold looted by
Germany
Sweden
Amity and commerce
Extradition
Arbitration
Rights, privileges, and immunities of
consular officers
Protection of industrial property in China
Arbitration
Page
661
664
666
668
670
672
674
676
680
684
687
690
693
700
703
705
708
710
723
728
730
737
739
Xll
October 13, 1914
November 16, 1915
January 27-August 9, 1922
May 22, 1924
June 24, 1924
June 29 and 30, 1925
October 27, 1928
October 22 and 29, 1930
December 17, 1930
June 23 and 29, 1931
January 27 and June 1,
1932
January 5 and 17, 1933
January 31, 1933
September 8 and 9, 1933
September 8 and 9, 1933
September 8 and 9, 1933
May 17, 1934
May 25, 1935
March 31, 1938
March 23, 1939
June 30, 1939
September 4 and 11, 1939
December 16, 1944
December 4, 1945
September 30, 1946
April 10 and 30, 1947
June 24, 1947
CONTENTS
Sweden — Continued Page
Advancement of peace 741
Advancement of peace 744
Double taxation: shipping profits 746
Suppression of smuggling 750
Arbitration 754
Waiver of visa fees for nonimmigrants 757
Arbitration 760
Exemption of pleasure yachts from navi- 763
gation dues
Claims: motorships "Kronprins Gustaf 767
Adolf and " Pacific"
Customs privileges for consular officers 771
Recognition of load-line certificates 773
Customs privileges for diplomatic per- 776
sonnel
Military service : dual nationality
778
Air navigation
780
Pilot licenses for civil aircraft
788
Recognition of certificates of airworthiness
793
for imported aircraft
Extradition
797
Reciprocal trade
793
Double taxation: shipping profits
806
Double taxation: income and other taxes
809
Advancement of peace
821
Visa fees
829
Air transport services
825
Air transport services
830
Air service facilities
832
Waiver of visas and visa fees for non-
834
immigrants
Reciprocal trade: quantitative import
837
restrictions
CONTENTS
xin
December 16, 1947
February 11, 1948
June 12, 1948
July 3, 1948
July 3, 1948
June 27, 1949
September 4, 1816
July 4, 1827
March 21, 1860
May 26, 1869
May 18, 1847
November 25, 1850
April 27 and May 14, 1883
May 14, 1900
January 17 and 28, 1908
February 29, 1908
November 3, 1913
May 11, 1925
November 15 and 16, 1929
February 16, 1931
January 10, 1935
January 9, 1936
November 11, 1937
Sweden — Continued
Exchange of publications
Reciprocal trade: quantitative import
restrictions and deferment of pay-
ments
Reciprocal trade: quantitative import
restrictions and deferment of pay-
ments
Most-favored-nation treatment for areas
under occupation or control
Economic cooperation
Reciprocal trade: quantitative import
restrictions and deferment of pay-
ments
Sweden and Norway
Friendship and commerce
Commerce and navigation
Extradition
Naturalization
Switzerland
Disposal of property
Friendship, reciprocal establishments,
commerce, and extradition
Trademarks
Extradition
Reciprocal benefits under patent laws
Arbitration
Arbitration
Waiver of visas and visa fees for nonimmi-
grants
Narcotic drugs
Arbitration and conciliation
Extradition
Reciprocal trade
Military service and dual nationality
Page
843
846
850
852
855
866
868
876
885
892
894
901
904
909
911
913
915
917
920
924
926
936
xiv CONTENTS
Switzerland — Continued
January 31, 1940 Extradition
September 19-Novem- Reciprocal trade
ber 14, 1940
August 3, 1945 Air transport services
August 6 and September 5, Air service to be operated by U.S. Air
1945 Transport Command
April 22, 1946 Trade: importation of watches
April 30, 1947 Equipment at Cointrin Airport
October 22-November 13, Nonimmigrant visa requirements (For
1947 text, see 6 UST 93; TI AS 3172.)
May 13, 1949 Air transport services
October 21, 1949 Settlement of certain war claims
September 7 and 8, 1944
April 28, 1947
April 11, 1838
April 25, 1838
March 20, 1833
May 29, 1856
December 17 and 31, 1867
May 14, 1884
December 16, 1920
December 30, 1922
September 19, 1925
November 13, 1937
February 26, 1947
May 8, 1947
Syria
Rights of American nationals
Air transport services (For text, see
6 UST 2163; TIAS 3285.)
Texas
Claims: the case of the brigs "Pocket"
and "Durango"
Boundary
Thailand
Amity and commerce
Amity and commerce
Amity and commerce
Traffic in spirituous liquors
Amity and commerce
Extradition
Waiver of visas and visa fees for nonimmi-
grants
Friendship, commerce, and navigation
Air transport services
Air service facilities at Don Muang Air-
port and Bangkapi
Page
938
940
946
951
954
957
959
960
968
970
973
974
976
978
982
992
994
997
1008
1014
1016
1032
1037
September 5, 1947
October 2, 1886
CONTENTS
Thailand — Continued
Exchange of publications
Tonga
Amity, commerce, and navigation
Free Territory of Trieste
{British/ United States Zone)
October 15, 1948
February 11, 1949
Economic cooperation
Relief assistance
December 27 and 28, 1949 Economic cooperation
Trinidad and Tobago
April 24, 1947
November 4, 1796, and
January 3, 1797
June 4, 1805
August 28, 1797
February 24, 1824
March 15, 1904
Transfer of surplus property
Tripoli
Peace and friendship
Peace and amity
Tunis
Amity, commerce, and navigation
Peace
Relations in Tunis (For text, see TS 434,
ante, vol. 7, p. 862, FRANCE.)
Turkey
August 6, 1923 Extradition
December 24, 1923 Claims
February 17 and 18, 1926 Most-favored-nation treatment in customs
matters
February 17, 1927 Relations
February 17, 1927 Most-favored-nation treatment in customs
May 19, 1928
matters
Most-favored-nation treatment in customs
matters
February 18 and October 3, Narcotic drugs
1928
xv
Page
1040
1043
1048
1060
1064
1066
1070
1081
1088
1096
1098
1099
1105
1107
1109
1113
1115
1117
XVI
CONTENTS
j. uincy — ^ununueu
Page
April 8, 1929
Most-favored-nation treatment in customs
matters
1120
October 1, 1929
Commerce and navigation
1122
October 28, 1931
Establishment and sojourn
1127
October 25, 1934
Claims
1129
May 29 and June 15, 1936
Claims
1131
October 1 and November 3,
1937
Claims
1134
April 1, 1939
Reciprocal trade
1136
April 14 and 22, 1944
Reciprocal trade
1145
February 23, 1945
Lend-lease
1147
February 12, 1946
Air transport services
1153
May 7, 1946
Lend-lease settlement
1158
July 12, 1947
Aid to Turkey
1163
July 4, 1948
Economic cooperation
1166
July 4, 1948
Most-favored-nation treatment for areas
under occupation or control
1177
December 27, 1949
Financing of educational and cultural
exchange programs (For text, see 1
UST603;TIAS2111.)
The Two Sicilies
1180
October 14, 1832
Claims
1181
December 1, 1845
Commerce and navigation
1184
January 13, 1855
Rights of neutrals at sea
1191
October 1, 1855
Amity, commerce, and navigation; cx-
1193
tradition
April 17, 1824
December 18, 1832
July 22, 1854
March 30, 1867
January 27, 1868
Union of Soviet Socialist Republics
Navigation and fisheries on northwest
coast
Commerce and navigation
Rights of neutrals at sea
Cession of Alaska
Trademarks
1205
1208
1214
1216
1220
CONTENTS
xvii
uniun uj out
net DuoiuiiJi ivejjuuiit* — ^onunuea
Page
March 28, 1874
Trademarks
1222
June 6, 1884
Measurement certificates for vessels
1223
March 28, 1887
Extradition
1225
May 4, 1894
Fur seal fisheries
1230
September 8, 1900
Claims : arrest and seizure of vessels
1232
June 25, 1904
Corporations and other commercial
associations
1235
June 28, 1906
Protection of trademarks in China
1237
October 1, 1914
Advancement of peace
1239
September 23, 1915
Exportation of embargoed goods
1242
August 10 and 31, 1917
Exportation of embargoed goods
1245
November 16, 1933
General relations
1248
July 13, 1935
Commercial relations
1259
November 22, 1935
Execution of letters rogatory
1262
July 11, 1936
Commercial relations
1268
August 4, 1937
Commercial relations
1271
February 7, March 26, and
Visits to Siberia by American Eskimos
1277
April 18, 1938
June 11, 1942
Lend-lease
1281
February 11, 1945
Care and repatriation of liberated pris-
1286
September 17, 1945
October 15, 1945
oners of war and civilians
Boundary changes between United States 1290
and Soviet zones of occupation in
Germany (For text, see 5 UST 2177;
TI AS 3081.)
Disposition of lend-lease supplies in in- 1290
ventory (For text, see 7 UST 2819;
TIAS 3662.)
May 24, 1946
Radio-teletype communication channels
1291
September 27, 1949
Lend-lease settlement: return of vessels
United Arab Republic
1295
November 16, 1884
Commercial and customs relations
1298
August 27, 1929
Arbitration
1325
August 27, 1929
Conciliation
1327
xvrm
CONTENTS
United Arab Republic — Continued
May 24, 1930
June 20 and August 26,
1930
January 20, 1931
March 16 and April 7, 1932
August 15-October 21,
1933
March 2, 1943
January 5, 1946
June 15, 1946
June 15, 1946
June 15, 1946
May 4 and August 15, 1946
November 3, 1949
Page
Most-favored-nation treatment in customs 1329
matters
Narcotic drugs 1331
Arbitration of George J. Salem claim 1334
Customs privileges for foreign service per- 1337
sonnel
Visa fees 1340
Jurisdiction over criminal offenses com- 1347
mitted by members of armed forces
Customs, public health, and police con- 1354
trols at Payne Field (For text, see
3UST530;TIAS2410.)
Use of Payne Field for international civil 1354
air traffic (For text, see 3 UST 363;
TIAS 2397.)
Use of Payne Field by military aircraft 1355
Air transport services 1357
Special tariff position of Philippines 1362
Financing of educational exchange pro- 1364
gram
Philippines
GENERAL RELATIONS
Provisional agreement signed at Manila July 4, 1946
Entered into force July 4, 1946
60 Stat. 1800; Treaties and Other
International Acts Series 1539
Provisional Agreement Between the United States of America and
the Republic of the Philippines Concerning Friendly Rela-
tions and Diplomatic and Consular Representation
The Government of the United States of America and the Government of
the Republic of the Philippines, considering that in accordance with the ex-
pressed will of the Congress and people of the United States of America
and of the Congress and people of the Philippines, the political ties which have
united these two peoples are to be dissolved on July 4, 1946.
Considering also the mutual desire that the friendship and affection which
have long existed between the two peoples shall be reaffirmed and continued
without interruption for all time, and
Desiring to establish a basis for relations between the Governments of the
two countries pending the conclusion, by established constitutional processes,
of definitive treaties,
Do now make of record this provisional agreement concerning friendly rela-
tions and diplomatic and consular representation.
Article I
The Government of the United States of America recognizes the Republic
of the Philippines as a separate, independent and self-governing nation and
acknowledges the authority and control of the Government of the Republic
of the Philippines over the territory of the Philippine Islands.
2 PHILIPPINES
Article II
The Government of the United States of America will notify the Govern-
ments with which it has diplomatic relations of the independence of the
Republic of the Philippines and will invite those Governments to recognize
the Republic of the Philippines as a member of the family of nations.
Article III
The diplomatic representatives of each contracting party shall enjoy in the
territories of the other the privileges and immunities derived from generally
recognized international law. The consular representatives of each contract-
ing party, duly provided with exequaturs, shall be permitted to reside in the
territories of the other; they shall enjoy the privileges and immunities accorded
to such officers by general international usage ; and they shall not be treated
in a manner less favorable than similar officers of any third country.
Article IV
The two contracting parties mutually agree that they will forthwith enter
into negotiations for the conclusion of treaties and agreements regulating
relations between the two countries, including a treaty of friendship, com-
merce and navigation, an executive agreement relating to trade, a general
relations treaty, a consular convention, and other treaties and agreements
as may be necessary, and will endeavor to conclude these instruments as
soon as may be possible.
Article V
This provisional agreement shall enter into force upon signature.
In witness whereof, the undersigned, duly authorized thereto by their
respective Governments, have signed this provisional agreement at Manila
this fourth day of July, one thousand nine hundred forty-six.
For the Government of the United States of America:
Paul V. McNutt [seal]
For the Government of the Republic of the Philippines:
Manuel Roxas [seal]
GENERAL RELATIONS
Treaty and protocol signed at Manila July 4, 1946
Senate advice and consent to ratification July 31 , 1946
Ratified by the President of the United States August 16, 1946
Ratified by the Philippines September 30, 1946
Ratifications exchanged at Manila October 22, 1946
Entered into force October 22, 1946
Proclaimed by the President of the United States October 31, 1946
61 Stat. 1174; Treaties and Other
International Acts Series 1568
Treaty of General Relations Between the United States
of America and the Republic of the Philippines
The United States of America and the Republic of the Philippines, being
animated by the desire to cement the relations of close and long friendship
existing between the two countries, and to provide for the recognition of the
independence of the Republic of the Philippines as of July 4, 1946 and the
relinquishment of American sovereignty over the Philippine Islands, have
agreed upon the following articles :
Article I
The United States of America agrees to withdraw and surrender, and does
hereby withdraw and surrender, all right of possession, supervision, jurisdic-
tion, control or sovereignty existing and exercised by the United States of
America in and over the territory and the people of the Philippine Islands,
except the use of such bases, necessary appurtenances to such bases, and the
rights incident thereto, as the United States of America, by agreement with
the Republic of the Philippines, may deem necessary to retain for the mutual
protection of the United States of America and of the Republic of the Philip-
pines. The United States of America further agrees to recognize, and does
hereby recognize, the independence of the Republic of the Philippines as a
separate self-governing nation and to acknowledge, and does hereby acknowl-
edge, the authority and control over the same of the Government instituted by
the people thereof, under the Constitution of the Republic of the Philippines.
3
4 PHILIPPINES
Article II *
The diplomatic representatives of each country shall enjoy in the territories
of the other the privileges and immunities derived from generally recognized
international law and usage. The consular representatives of each country,
duly provided with exequatur, will be permitted to reside in the territories
of the other in the places wherein consular representatives are by local laws
permitted to reside; they shall enjoy the honorary privileges and the im-
munities accorded to such officers by general international usage; and they
shall not be treated in a manner less favorable than similar officers of any
other foreign country.
Article III 1
Pending the final establishment of the requisite Philippine Foreign Service
establishments abroad, the United States of America and the Republic of the
Philippines agree that at the request of the Republic of the Philippines the
United States of America will endeavor, in so far as it may be practicable, to
represent through its Foreign Service the interests of the Republic of the
Philippines in countries where there is no Philippine representation. The two
countries further agree that any such arrangements are to be subject to
termination when in the judgment of either country such arrangements are
no longer necessary.
Article IV
The Republic of the Philippines agrees to assume, and does hereby assume,
all the debts and liabilities of the Philippine Islands, its provinces, cities,
municipalities and instrumentalities, which shall be valid and subsisting on
the date hereof. The Republic of the Philippines will make adequate provision
for the necessary funds for the payment of interest on and principal of bonds
issued prior to May 1, 1934 under authority of an Act of Congress of the
United States of America 2 by the Philippine Islands, or any province, city
or municipality therein, and such obligations shall be a first lien on the taxes
collected in the Philippines.
Article V
The United States of America and the Republic of the Philippines agree
that all cases at law concerning the Government and people of the Philippines
which, in accordance with Section 7(6) of the Independence Act of 1934,*
are pending before the Supreme Court of the United States of America at the
date of the granting of the independence of the Republic of the Philippines
1 See also protocol, p. 6, and exchange of notes, post, p. 32.
2 48 Stat. 456.
3 48 Stat. 462.
GENERAL RELATIONS— JULY 4, 1946 5
shall continue to be subject to the review of the Supreme Court of the United
States of America for such period of time after independence as may be
necessary to effectuate the disposition of the cases at hand. The contracting
parties also agree that following the disposition of such cases the Supreme
Court of the United States of America will cease to have the right of review of
cases originating in the Philippine Islands.
Article VI
In so far as they are not covered by existing legislation, all claims of the
Government of the United States of America or its nationals against the
Government of the Republic of the Philippines and all claims of the Gov-
ernment of the Republic of the Philippines and its nationals against the
Government of the United States of America shall be promptly adjusted
and settled. The property rights of the United States of America and the
Republic of the Philippines shall be promptly adjusted and settled by mutual
agreement, and all existing property rights of citizens and corporations of
the United States of America in the Republic of the Philippines and of
citizens and corporations of the Republic of the Philippines in the United
States of America shall be acknowledged, respected and safeguarded to
the same extent as property rights of citizens and corporations of the Republic
of the Philippines and of the United States of America respectively. Both
Governments shall designate representatives who may in concert agree on
measures best calculated to effect a satisfactory and expeditious disposal of
such claims as may not be covered by existing legislation.
Article VII
The Republic of the Philippines agrees to assume all continuing obliga-
tions assumed by the United States of America under the Treaty of Peace
between the United States of America and Spain concluded at Paris on the
10th day of December, 1898,4 by which the Philippine Islands were ceded
to the United States of America, and under the Treaty between the United
States of America and Spain concluded at Washington on the 7th day of
November, 1900.6
Article VIII
This Treaty shall enter into force on the exchange of instruments of
ratification.
This Treaty shall be submitted for ratification in accordance with the
constitutional procedures of the United States of America and of the Republic
4TS343, post, p. 615.
5 TS 345, post, p. 623.
6 PHILIPPINES
of the Philippines; and instruments of ratification shall be exchanged and
deposited at Manila.
Signed at Manila this fourth day of July, one thousand nine hundred
forty-six.
For the Government of the United States of America:
Paul V. McNutt [seal]
For the Government of the Republic of the Philippines:
Manuel Roxas [seal]
Protocol To Accompany the Treaty of General Relations Between
the United States of America and the Republic of the Philip-
pines, Signed at Manila on the Fourth Day of July 1946
It is understood and agreed by the High Contracting Parties that this
Treaty is for the purpose of recognizing the independence of the Republic
of the Philippines and for the maintenance of close and harmonious rela-
tions between the two Governments.
It is understood and agreed that this Treaty does not attempt to regulate
the details of arrangements between the two Governments for their mutual
defense; for the establishment, termination or regulation of the rights and
duties of the two countries, each with respect to the other, in the settlement
of claims, as to the ownership or control of real or personal property, or
as to the carrying out of provisions of law of either country; or for the settle-
ment of rights or claims of citizens or corporations of either country with
respect to or against the other.
It is understood and agreed that the conclusion and entrance into force
of this Treaty is not exclusive of further treaties and executive agreements
providing for the specific regulation of matters broadly covered herein.
It is understood and agreed that pending final ratification of this Treaty,
the provisions of Articles II and III shall be observed by executive agreement.
Signed at Manila this fourth day of July, one thousand nine hundred
forty-six.
For the Government of the United States of America:
Paul V. McNutt [seal]
For the Government of the Republic of the Philippines:
Manuel Roxas [seal]
TRADE AND RELATED MATTERS
Agreement, with protocol and annexes, signed at Manila July 4, 1946;
exchange of notes at Manila October 22, 1946
Proclaimed by the President of the United States December 17, 1946
Proclaimed by the Philippines January 1 , 1947
Entered into force January 2, 1947
Supplementary proclamation by the President of the United States
January 8, 1947
Revised January 1, 1956, by agreement of September 6, 1955 1
61 Stat. 2611 ; Treaties and Other
International Acts Series 1588
Agreement Between the United States of America and the Repub-
lic of the Philippines Concerning Trade and Related Matters
During a Transitional Period Following the Institution of
Philippine Independence
The President of the United States of America and the President of the
Philippines, recalling the close economic ties between the people of the
United States and the people of the Philippines during many years of inti-
mate political relations, mindful of the great physical destruction and social
disturbances suffered by the Philippines as a result of their valiant support
of the cause of the United Nations in the war against Japan, and desiring
to enter into an agreement accepting on the part of each country the provi-
sions of Title II and Title III (except Part 1 ) of the Philippine Trade Act
of 1946 2 of the United States of America, have agreed to the following
articles :
Article 1 3
1 . During the period from the date of the entry into force of this Agree-
ment to July 3, 1954, both dates inclusive, United States articles as defined
in Subparagraph (e) of Paragraph 1 of the Protocol to this Agreement
entered, or withdrawn from warehouse, in the Philippines for consumption,
16UST2981;TIAS3348.
2 60 Stat. 143 and 148.
3 Free-trade period provided for by art. I extended by agreement of July 7, 1954 (5 UST
1629; TIAS 3039).
8 PHILIPPINES
and Philippine articles as denned in Subparagraph (/) of Paragraph 1 of
the Protocol entered, or withdrawn from warehouse, in the United States
for consumption, shall be admitted into the Philippines and the United
States, respectively, free of ordinary customs duty.
2. The ordinary customs duty to be collected on United States articles as
defined in Subparagraph ( e ) of Paragraph 1 of the Protocol, which during
the following portions of the period from July 4, 1954, to July 3, 1974, both
dates inclusive, are entered, or withdrawn from warehouse, in the Philippines
for consumption, and on Philippine articles as defined in Subparagraph (/)
of Paragraph 1 of the Protocol, other than those specified in Items D to G,
both inclusive, of the Schedule to Article II, which during such portions of
such period are entered, or withdrawn from warehouse, in the United States
for consumption, shall be determined by applying the following percentages
of the Philippine duty as defined in Subparagraph ( h ) of Paragraph 1 of the
Protocol, and of the United States duty as defined in Subparagraph (g) of
Paragraph 1 of the Protocol, respectively:
(a) During the period from July 4, 1954, to December 31, 1954, both
dates inclusive, five per centum.
(b) During the calendar year 1955, ten per centum.
(c) During each calendar year after the calendar year 1955 until and
including the calendar year 1972, a percentage equal to the percentage for
the preceding calendar year increased by five per centum of the Philippine
duty and the United States duty, respectively, as so denned.
(d) During the period from January 1, 1973, to July 3, 1974, both
dates inclusive, one hundred per centum.
3. Customs duties on United States articles, and on Philippine articles,
other than ordinary customs duties, shall be determined without regard to
the provisions of Paragraphs 1 and 2 of this Article, but shall be subject to
the provisions of Paragraph 4 of this Article.
4. With respect to United States articles imported into the Philippines,
and with respect to Philippine articles imported into the United States,
no duty on or in connection with importation shall be collected or paid in an
amount in excess of the duty imposed with respect to like articles which are
the product of any other foreign country, or collected or paid in any amount
if the duty is not imposed with respect to such like articles. As used in this
Paragraph the term "duty" includes taxes, fees, charges, or exactions, imposed
on or in connection with importation; but does not include internal taxes
or ordinary customs duties.
5. With respect to products of the United States which do not come
TRADE— JULY 4, 1946 9
within the definition of United States articles, imported into the Philippines,
no duty on or in connection with importation shall be collected or paid in
an amount in excess of the duty imposed with respect to like articles which
are the product of any other foreign country, or collected or paid in any
amount if the duty is not imposed with respect to such like articles which are
the product of any other foreign country. As used in this Paragraph the term
"duty" includes taxes, fees, charges, or exactions, imposed on or in connection
with importation ; but does not include internal taxes.
6. With respect to products of the Philippines, which do not come within
the definition of Philippine articles, imported into the United States, no duty
on or in connection with importation shall be collected or paid in an amount
in excess of the duty imposed with respect to like articles which are the product
of any other foreign country (except Cuba), or collected or paid in any
amount if the duty is not imposed with respect to such like articles which are
the product of any other foreign country (except Cuba). As used in this
Paragraph the term "duty" includes taxes, fees, charges, or exactions, imposed
on or in connection with importation; but does not include internal taxes.
Article II
1. During the period from January 1, 1946 to December 31, 1973, both
dates inclusive, the total amount of the articles falling within one of the classes
specified in Items A and A-l, and C to G, both inclusive, of the Schedule to
this Article which are Philippine articles as defined in Subparagraph (/) of
Paragraph 1 of the Protocol, and which, in any calendar year, may be
entered, or withdrawn from warehouse, in the United States for consumption
shall not exceed the amounts specified in such Schedule as to each class of
articles. During the period from January 1, 1946, to December 31, 1973,
both dates inclusive, the total amount of the articles falling within the class
specified in Item B of the Schedule to this Article which are the product of
the Philippines, and which, in any calendar year, may be entered, or with-
drawn from warehouse, in the United States for consumption, shall not exceed
the amounts specified in such Schedule as to such class of articles. During the
period from January 1, 1974, to July 3, 1974, both dates inclusive, the total
amounts referred to in the preceding sentences of this Paragraph shall not
exceed one-half of the amount specified in such Schedule with respect to each
class of articles, respectively.
2. Philippine articles as defined in Subparagraph (/) of Paragraph 1 of
the Protocol falling within one of the classes specified in Items D and G, both
inclusive, of the Schedule to this Article, which during the following portions
of the period from January 1, 1946, to December 31, 1973, both dates
inclusive, are entered, or withdrawn from warehouse, in the United States for
consumption, shall be free of ordinary customs duty, in quantities determined
10 PHILIPPINES
by applying the following percentages of the amounts specified in such
Schedule as to each such class of articles :
(a) During each of the calendar years 1946 to 1954, one hundred
per centum.
(b) During the calendar year 1955, ninety-five per centum.
(c) During each calendar year after the calendar year 1955 until and
including the calendar year 1973, a percentage equal to the percentage for
the preceding calendar year decreased by five per centum of such specified
amounts.
Any such Philippine article so entered or withdrawn from warehouse in
excess of the duty-free quota provided in this Paragraph shall be subject to
one hundred per centum of the United States duty as defined in Subpara-
graph (g) of Paragraph 1 of the Protocol.
3. Each of the quotas provided for in Paragraphs 1 and 2 of this Article
for articles falling within one of the classes specified in Items A-l and B, and
D to G, each inclusive, of the Schedule to this Article shall be allocated
annually by the Philippines to the manufacturers in the Philippines in the
calendar year 1940 of products of a class for which such quota is established,
and whose products of such class were exported to the United States during
such calendar year, or their successors in interest, proportionately on the basis
of the amount of the products of such class produced by each such manufac-
turer (or in the case of such successor in interest, the amount of the products
of such class produced by his predecessor in interest) which was exported to
the United States during the following period: (a) In the case of Items A-l
and D to G, each inclusive, the calendar year 1 940, and ( b ) in the case of
Item B, the twelve months immediately preceding the inauguration of the
Commonwealth of the Philippines. The quota provided for in Paragraph 1
of this Article for unrefined sugar specified in Item A 4 of such Schedule,
including that required to manufacture the refined sugar specified in Item
A-l 4 of the Schedule, shall be allotted annually by the Philippines 4 to the
sugar-producing mills and plantation owners in the Philippines in the calendar
year 1940 whose sugars were exported to the United States during such
calendar year, or their successors in interest, proportionately on the basis of
their average annual production ( or in the case of such a successor in interest,
the average annual production of his predecessor in interest) for the calendar
years 1931, 1932, and 1933, and the amount of sugars which may be so
exported shall be allocated in each year between each mill and the plantation
owners on the basis of the proportion of sugars to which each mill and the
plantation owners are respectively entitled, in accordance with any milling
agreements between them, or any extension, modification, or renewal thereof.
4. The holder of any allotment under law existing on April 29, 1946,
including his successor in interest, and the holder of any allotment under any
4 For corrections, see exchange of notes, p. 29.
TRADE— JULY 4, 1946
11
of the quotas which are provided for in Paragraphs 1 and 2 of this Article the
allocation of which is provided for in Paragraph 3 of this Article, may transfer
or assign all or any amount of such allotment on such terms as may be agree-
able to the parties in interest. If, after the first nine months of any calendar
year, the holder of any allotment, for that year, under any of the quotas
referred to in the preceding sentence, is or will be unable for any reason to
export to the United States all of his allotment, in time to fulfill the quota for
that year, that amount of such allotment which it is established by sufficient
evidence cannot be so exported during the remainder of the calendar year
may be apportioned by the Philippine Government to other holders of allot-
ments under the same quota, or in such other manner as will insure the fulfill-
ment of the quota for that year : Provided, That no transfer or assignment or
reallocation under the provisions of this Paragraph shall diminish the allot-
ment to which the holder may be entitled in any subsequent calendar year.
The following Schedule to Article II shall constitute an integral part
thereof: 6
Numerical
Item
A
A-l
C
D
F
G
n
Commodity Description
Sugars.
May be refined sugars, meaning "direct-
consumption sugar" as defined in Section
101 of the Sugar Act of 1937 of the United
States which is set forth in part as Annex I to
this Agreement.
Cordage, including yarns, twines (including
binding twines described in Paragraph 1622 of
the Tariff Act of 1930 of the United States, as
amended, which is set forth as Annex II to this
Agreement), cords, cordage, rope, and cable,
tarred or untarred, wholly or in chief value of
Manila (abaca) or other hard fiber.
Rice, including rice meal, flour, polish, and
bran.
Cigars (exclusive of cigarettes, cheroots of all
kinds, and paper cigars and cigarettes, includ-
ing wrappers).
Scrap tobacco, and stemmed and unstemmed
filler tobacco described in Paragraph 602 of the
Tariff Act of 1930 of the United States, as
amended, which is set forth as Annex III to
this Agreement.
Coconut oil.
Buttoms of pearl or shell.
Ill
All Quantities
952,000 short tons
Not to exceed 56,000
short tons
6,000,000 lbs.
1,040,000 lbs.
200,000,000 cigars
6,500,000 lbs.
200,000 long tons
850,000 gross
Article III
1. With respect to quotas on Philippine articles as defined in Subpara-
graph (/) of Paragraph 1 of the Protocol (other than the quotas provided
1 For corrections to schedule to art. II, see exchange of notes, p. 29.
12 PHILIPPINES
for in Paragraphs 1 and 2 of Article II, and other than quotas established
in conjunction with quantitative limitations, applicable to products of all
foreign countries, on imports of like articles), the United States will not
establish any such quota for any period before January 1, 1948, and for any
part of the period from January 1, 1948, to July 3, 1974, both dates inclu-
sive, it will establish such a quota only if —
(a) The President of the United States, after investigation, finds and
proclaims that such Philippine articles are coming, or are likely to come,
into substantial competition with like articles the product of the United
States; 6
(b) The quota for any Philippine article as so defined for any twelve-
month period is not less than the amount determined by the President as
the total amount of Philippine articles of such class which ( during the twelve
months ended on the last day of the month preceding the month in which
occurred the date proclaimed by the President as the date of the beginning
of the investigation) was entered, or withdrawn from warehouse, in the
United States for consumption; or, if the quota is established for any period
other than a twelve-month period, is not less than a proportionate amount.
Any quota established pursuant to this Paragraph shall not continue in effect
after the President, following investigation, finds and proclaims that the
conditions which gave rise to the establishment of such quota no longer exist.
2. If the President of the United States finds that the allocation of any
quota established pursuant to Paragraph 1 of this Article is necessary to
make the application of the quota just and reasonable between the United
States and the Philippines, he shall, in such proclamation or a subsequent
proclamation, provide the basis for such allocation, and if he exercises such
right, the Philippines will promptly put and keep in effect, on the basis pro-
claimed by the President of the United States, the allocation of such quota.6
Article IV
1 . With respect to articles which are products of the United States com-
ing into the Philippines, or with respect to articles manufactured in the
Philippines wholly or in part from such articles, no internal tax shall be—
(a) Collected or paid in an amount in excess of the internal tax imposed
with respect to like articles which are the product of the Philippines, or col-
lected or paid in any amount if the internal tax is not imposed with respect
to such like articles;
( b ) Collected or paid in an amount in excess of the internal tax imposed
with respect to like articles which are the product of any other foreign coun-
try, or collected or paid in any amount if the internal tax is not imposed with
respect to such like articles.
6 For correction, see exchange of notes, p. 29.
TRADE— JULY 4, 1946 13
Where an internal tax is imposed with respect to an article which is the
product of a foreign country to compensate for an internal tax imposed ( 1 )
with respect to a like article which is the product of the Philippines, or ( 2 )
with respect to materials used in the production of a like article which is the
product of the Philippines, if the amount of the internal tax which is col-
lected and paid with respect to the article which is the product of the United
States is not in excess of that permitted by Paragraph 1 ( b ) of Article IV such
collection and payment shall not be regarded as in violation of the first sen-
tence of this Paragraph.
2. With respect to articles which are products of the Philippines coming
into the United States, or with respect to articles manufactured in the United
States wholly or in part from such articles, no internal tax shall be —
(a) Collected or paid in an amount in excess of the internal tax imposed
with respect to like articles which are the product of the United States, or
collected or paid in any amount if the internal tax is not imposed with respect
to such like articles ;
( b ) Collected or paid in an amount in excess of the internal tax imposed
with respect to like articles which are the product of any other foreign country,
or collected or paid in any amount if the internal tax is not imposed with
respect to such like articles.
Where an internal tax is imposed with respect to an article which is the prod-
uct of a foreign country to compensate for an internal tax imposed ( 1 ) with
respect to a like article which is the product of the United States, or (2)
with respect to materials used in the production of a like article which is the
product of the United States, if the amount of the internal tax which is col-
lected and paid with respect to the article which is the product of the Philip-
pines is not in excess of that permitted by Paragraph 2 ( b ) of Article IV such
collection and payment shall not be regarded as in violation of the first sen-
tence of this Paragraph. This Paragraph shall not apply to the taxes imposed
under Sections T 2306, 2327, or 2356 of the Internal Revenue Code of the
United States which are set forth in part as Annexes IV, V, and VI to this
Agreement.
3. No export tax shall be imposed or collected by the United States on
articles exported to the Philippines, or by the Philippines on articles exported
to the United States.
4. No processing tax or other internal tax shall be imposed or collected
in the United States or in the Philippines with respect to articles coming into
such country for the official use of the Government of the Philippines or of
the United States, respectively, or any department or agency thereof.
5. No processing tax or other internal tax shall be imposed or collected
For correction, see exchange of notes, p. 30.
14 PHILIPPINES
in the United States with respect to Manila (abaca) fiber not dressed or
manufactured in any manner.
6. The United States will not reduce the preference of two cents per
pound provided in Section 2470 of the Internal Revenue Code of the United
States (relating to processing taxes on coconut oil, etc.), which is set forth
as Annex VII to this Agreement, with respect to articles "wholly the produc-
tion of the Philippine Islands" or articles "produced wholly from materials
the growth or production of the Philippine Islands"; except that it may
suspend the provisions of Subsection (a)(2) of such Section during any
period as to which the President of the United States, after consultation with
the President of the Philippines, finds that adequate supplies of neither copra
nor coconut oil, the product of the Philippines, are readily available for
processing in the United States.
Article V
The value of Philippine currency in relation to the United States dollar
shall not be changed, the convertibility of Philippine pesos into the United
States dollars 8 shall not be suspended, and no restrictions shall be imposed
on the transfer of funds from the Philippines to the United States except by
agreement with the President of the United States.
Article VI
1. Any citizen of the United States who actually resided in the Philip-
pines, and any citizen of the Philippines who actually resided in the United
States, for a continuous period of three years during the period of forty-two
months ending November 30, 1941, if entering the country of such former
residence during the period from July 4, 1946, to July 3, 1951, both dates
inclusive, for the purpose of resuming residence therein, shall for the purposes
of the immigration laws, be considered a non-quota immigrant. After such
admission as a non-quota immigrant he shall, for the purposes of the immigra-
tion and naturalization laws, be considered as lawfully admitted to such
country for permanent residence. The benefits of this Paragraph shall also
apply to the wife of any such citizen of the United States, if she is also a citizen
thereof, and to his unmarried children under eighteen years of age, and to
the wife of any such citizen of the Philippines, if she is also a citizen thereof
or is eligible for United States citizenship, and to his unmarried children
under eighteen years of age, if such wife or children of such citizen of the
United States or of such citizen of the Philippines are accompanying or
following to join him during such period. This Paragraph shall not apply
to a citizen of the Philippines admitted to the Territory of Hawaii, without
an immigration or passport visa, under the provisions of Paragraph ( 1 ) of
8 For correction, see exchange of notes, p. 30.
TRADE— JULY 4, 1946 15
Section 8 (a) of the Act of March 24, 1934, of the United States which is
set forth as Annex VIII to this agreement.
2. There shall be permitted to enter the Philippines, without regard to
any numerical limitations under the laws of the Philippines, in each of the
calendar years 1946 to 1951, both inclusive, 1,200 citizens of the United
States, each of whom shall be entitled to remain in the Philippines for 5 years.
Article VII
1 . The disposition, exploitation, development, and utilization of all agri-
cultural, timber, and mineral lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces and sources of potential
energy, and other natural resources of the Philippines, and the operation of
public utilities, shall, if open to any person, be open to citizens of the United
States and to all forms of business enterprise owned or controlled, directly or
indirectly, by United States citizens, except that ( for the period prior to the
amendment of the Constitution of the Philippines referred to in Paragraph
2 of this Article ) the Philippines shall not be required to comply with such
part of the foregoing provisions of this sentence as are in conflict with such
Constitution.
2. The Government of the Philippines will promptly take such steps as
are necessary to secure the amendment of the Constitution of the Philippines
so as to permit the taking effect as laws of the Philippines of such part of the
provisions of Paragraph 1 of this Article as is in conflict with such Constitu-
tion before such amendment.0
Article VIII
1 . Upon the taking effect of this Agreement the provisions thereof placing
obligations on the United States : ( a ) if in effect as laws of the United States
at the time this Agreement takes effect, shall continue in effect as laws of the
9 By a note of May 16, 1947, the Acting Secretary of Foreign Affairs of the Republic
of the Philippines informed the American Charge d'Affaires ad interim at Manila of
the adoption of a constitutional amendment, effective Apr. 9, 1947, which provides:
"Notwithstanding the provisions of section one, Article Thirteen, and section eight,
Article Fourteen, of the foregoing Constitution, during the effectivity of the Executive
Agreement entered into by the President of the Philippines with the President of the
United States on the fourth of July, nineteen hundred and forty-six, pursuant to the
provisions of Commonwealth Act Numbered Seven hundred and thirty-three, but in no
case to extend beyond the third of July, nineteen hundred and seventy-four, the disposition,
exploitation, development, and utilization of all agricultural, timber, and mineral lands
of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces
and sources of potential energy, and other natural resources of the Philippines, and the
operation of public utilities, shall, if open to any person, be open to citizens of the United
States and to all forms of business enterprise owned or controlled, directly or indirectly,
by citizens of the United States in the same manner as to, and under the same conditions
imposed upon, citizens of the Philippines or corporations or associations owned or controlled
by citizens of the Philippines."
308-582—73 3
16 PHILIPPINES
United States during the effectiveness of the Agreement; or (b) if not so in
effect at the time the Agreement takes effect, shall take effect and continue
in effect 10 as laws of the United States during the effectiveness of the Agree-
ment. The Philippines will continue in effect as laws of the Philippines, during
the effectiveness of this Agreement, the provisions thereof placing obligations
on the Philippines, except as is otherwise provided in Paragraph 1 of Article
VII.
2. The United States and the Philippines will promptly enact, and shall
keep in effect during the effectiveness of this Agreement, such legislation as
may be necessary to supplement the laws of the United States and the
Philippines, respectively, referred to in Paragraph 1 of this Article, and to
implement the provisions of such laws and the provisions of this Agreement
placing obligations on the United States and the Philippines, respectively.
Moreover, the Philippines will promptly enact, and keep in force and effect
during the effectiveness of this Agreement, such legislation as may be neces-
sary to put and keep in effect during the effectiveness of this Agreement, the
allocation, reallocation, transfer, and assignment of quotas on the basis pro-
vided for in Paragraphs 3 and 4 of Article II; and, if the United States
exercises the right to establish quotas pursuant to Paragraph 1 of Article III
and to provide for the allocation thereof pursuant to Paragraph 2 of the same
Article, the Philippines will promptly enact, and keep in force during the
period for which each such quota is established, such legislation as is necessary
to put and keep in effect, on the basis provided by the United States, the
allocation of such quotas.
3. The Philippines agree to assist the United States in carrying out Title I
of the Philippine Rehabilitation Act of 1946 of the United States by providing
that the following acts relative to such Title shall be offenses under the laws
of the Philippines, and that, upon conviction thereof, the penalties attached to
such offenses shall be enforced :
(a) Whoever, in the Philippines or elsewhere, makes any statement or
representation knowing it to be false, or whoever willfully and fraudulently
overvalues loss of or damage to property for the purpose of obtaining for
himself or for any claimant any compensation pursuant to such Tide, or for
the purpose of influencing in any way the action of the Philippine War
Damage Commission of the United States with respect to any claim for
compensation pursuant to such Title, or for the purpose of obtaining money,
property, or anything of value under such Title, shall be punished by a fine of
not more than the equivalent, in the currency of the Philippines, of five
thousand dollars, United States currency, or by imprisonment for not more
than two years, or both, and shall not receive any payments or other benefits
under such Title and, if any payment or benefit shall have been made or
1 For correction, see exchange of notes, p. 30.
TRADE— JULY 4, 1946 17
granted, such Commission shall take such action as may be necessary to
recover the same.
( b ) Whoever, in the Philippines or elsewhere, pays or offers to pay, or
promises to pay, or receives, on account of services rendered or to be rendered
in connection with any claim for compensation under such Title, any
remuneration in excess of five per centum of the compensation paid by the
Philippine War Damage Commission of the United States on account of such
claim, shall be deemed guilty of a misdemeanor and shall be fined not more
than the equivalent, in the currency of the Philippines, of five thousand
dollars, United States currency, or imprisonment for not more than twelve
months, or both, and, if any such payment or benefit shall have been made or
granted, such Commission shall take such action as may be necessary to
recover the same, and, in addition thereto, any such claimant shall forfeit
all rights under such Title.
Article IX
The United States and the Philippines agree to consult with each other
with respect to any questions as to the interpretation or the application of this
Agreement, concerning which either Government may make representations
to the other.
Article X
1 . The Philippine Trade Act of 1 946 of the United States having author-
ized the President of the United States to enter into this Agreement, and
the Congress of the United States having enacted such legislation as may
be necessary to make the provisions thereof placing obligations on the United
States take effect as laws of the United States, this Agreement shall not take
effect unless and until the Congress of the Philippines accepts it by law and
has enacted such legislation as may be necessary to make all provisions hereof
placing obligations on the Philippines take effect as laws of the Philippines,
except as is otherwise provided in Paragraph 1 of Article VII. This Agree-
ment shall then be proclaimed by the President of the United States and by
the President of the Philippines, and shall enter into force on the day fol-
lowing the date of such proclamations, or, if they are issued on different
dates, on the day following the later in date.
2. This Agreement shall have no effect after July 3, 1974. It may be
terminated by either the United States or the Philippines at any time, upon
not less than five years' written notice. If the President of the United States
or the President of the Philippines determines and proclaims that the other
country has adopted or applied measures or practices which would operate
to nullify or impair any right or obligation provided for in this Agreement,
then the Agreement may be terminated upon not less than six months'
notice.11
11 For correction, see exchange of notes, p. 30.
18 PHILIPPINES
3. If the President of the United States determines that a reasonable
time for the making of the amendment to the Constitution of the Philip-
pines referred to in Paragraph 2 of Article VII has elapsed, but that such
amendment has not been made, he shall so proclaim and this Agreement
shall have no effect after the date of such proclamation.
4. If the President of the United States determines and proclaims, after
consultation with the President of the Philippines, that the Philippines or
any of its political subdivisions or the Philippine Government is in any man-
ner discriminating against citizens of the United States or any form of
United States business enterprise, then the President of the United States
shall have the right to suspend the effectiveness of the whole or any portion
of this Agreement. If the President of the United States subsequently deter-
mines and proclaims, after consultation with the President of the Philippines,
that the discrimination which was the basis for such suspension ( a ) has ceased,
such suspension shall end; or (b) has not ceased after the lapse of a time
determined by the President of the United States to be reasonable, then
the President of the United States shall have the right to terminate this
Agreement upon not less than six months' written notice.
In witness whereof the President of the Philippines and the Plenipotentiary
of the President of the United States have signed this Agreement and
have affixed hereunto their seals.
Done in duplicate in the English language at Manila, this 4th day of July,
one thousand nine hundred and forty-six.
For the President of the United States of America
Paul V. McNutt [seal]
President of the Philippines
Manuel Roxas [seal]
Protocol to Accompany the Agreement between the United States
of America and the Republic of the Philippines Concerning Trade
and Related Matters During a Transitional Period Following
the Institution of Philippine Independence
The undersigned duly empowered Plenipotentiaries have agreed to the
following Protocol to this Agreement between the United States of America
and the Republic of the Philippines concerning trade and related matters
during a transitional period following the institution of Philippine Inde-
pendence, signed this day, which shall constitute an integral part of the
Agreement :
1. For the purpose of the Agreement —
TRADE— JULY 4, 1946 19
(a) The term "person" includes partnerships, corporations, and
associations.
(b) The term "United States" means the United States of America and,
when used in a geographical sense, means the States, the District of Colum-
bia, the Territories of Alaska and Hawaii, and Puerto Rico.
(c) The term "Philippines" means the Republic of the Philippines
and, when used in a geographical sense, means the territories of the Republic
of the Philippines, whether a particular act in question took place, or a
particular situation in question existed, within such territories before or
after the institution of the Republic of the Philippines. As used herein the
territories of the Republic of the Philippines comprise all of the territories
specified in Section 1 of Article I of the Constitution of the Philippines
which is set forth as Annex XI to this Agreement.
(d) The term "ordinary customs duty" means a customs duty based
on the article as such (whether or not such duty is also based in any manner
on the use, value, or method of production of the article, or on the amount
of like articles imported, or on any other factor) ; but does not include —
( 1 ) A customs duty based on an act or omission of any person with
respect to the importation of the article, or of the country from which the
article is exported, or from which it comes; or
(2) A countervailing duty imposed to offset a subsidy, bounty, or grant;
or
(3) An anti-dumping duty imposed to offset the selling of merchandise
for exportation at a price less than the prevailing price in the country of
export; or
(4) Any tax, fee, charge, or exaction, imposed on or in connection with
importation unless the law of the country imposing it designates or imposes
it as a customs duty or contains a provision to the effect that it shall be treated
as a duty imposed under the customs laws ; or
(5 ) The tax imposed by Section 2491 (c) of the Internal Revenue Code
of the United States, which is set forth as Annex IX to this Agreement, with
respect to an article, merchandise, or combination, ten per centum or more of
the quantity by weight or which consists of,12 or is derived directly or in-
directly from, one or more of the oils, fatty acids, or salts specified in Section
2470 of such Code which is set forth as Annex VII to this Agreement ; or the
tax imposed by Section 3500 of such Code which is set forth as Annex X to
this Agreement.
(e) The term "United States article" means an article which is the prod-
uct of the United States, unless, in the case of an article produced with the
use of materials imported into the United States from any foreign country
(except the Philippines) the aggregate value of such imported materials at
1 For correction, see exchange of notes, p. 30.
20 PHILIPPINES
the time of importation into the United States was more than twenty per
centum of the value of the article imported into the Philippines, the value
of such article to be determined in accordance with, and as of the time pro-
vided by, the customs laws of the Philippines in effect at the time of importa-
tion of such article. As used in this Subparagraph the term "value", when
used in reference to a material imported into the United States, includes the
value of the material ascertained under the customs laws of the United States
in effect at the time of importation into the United States, and, if not included
in such value, the cost of bringing the material to the United States, but does
not include the cost of landing it at the port of importation, or customs duties
collected in the United States. For the purposes of this Subparagraph any
imported material, used in the production of an article in the United States,
shall be considered as having been used in the production of an article sub-
sequently produced in the United States, which is the product of a chain of
production in the United States in the course of which an article, which
is the product of one stage of the chain, is used by its producer or another
person, in a subsequent stage of the chain, as a material in the production
of another article.
(/) The term "Philippine article" means an article which is the prod-
uct of the Philippines, unless, in the case of an article produced with the use
of materials imported into the Philippines from any foreign country ( except
the United States) the aggregate value of such imported materials at the
time of importation into the Philippines was more than twenty per centum
of the value of the article imported into the United States, the value of such
article to be determined in accordance with, and as of the time provided by,
the customs laws of the United States in effect at the time of importation of
such article. As used in this Subparagraph the term "value", when used in
reference to a material imported into the Philippines, includes the value of
the material ascertained under the customs laws of the Philippines in effect at
the time of importation into the Philippines, and, if not included in such value,
the cost of bringing the material to the Philippines, but does not include the
cost of landing it at the port of importation, or customs duties collected in the
Philippines. For the purposes of this Subparagraph any imported material,
used in the production of an article in the Philipines, shall be considered as
having been used in the production of an article subsequently produced
in the Philippines, which is the product of a chain of production in the
Philippines in the course of which an article, which is the product of one
stage of the chain, is used by its producer or another person, in a subsequent
stage of the chain, as a material in the production of another article.
(g) The term "United States duty" means the rate or rates of ordinary
customs duty which (at the time and place of entry, or withdrawal from
warehouse, in the United States for consumption, of the Philippine article)
would be applicable to a like article if imported from that foreign country
TRADE— JULY 4, 1946 21
which is entitled to the lowest rate, or the lowest aggregate of rates, of
ordinary customs duty with respect to such like article.
(h) The term "Philippine duty" means the rate or rates of ordinary
customs duty which (at the time and place of entry, or withdrawal from
warehouse, in the Philippines for consumption, of the United States article)
would be applicable to a like article if imported from that foreign country
which is entitled to the lowest rate, or the lowest aggregate of rates, of ordi-
nary customs duty with respect to such like article.
(i) The term "internal tax" includes an internal fee, charge, or exaction,
and includes —
( 1 ) The tax imposed by Section 2491 (c) of the Internal Revenue Code
of the United States which is set forth as Annex IX to this Agreement, with
respect to an article, merchandise, or combination, ten per centum or more
of the quantity by weight of which consists of, or is derived directly or indi-
rectly from, one or more of the oils, fatty acids, or salts specified in Section
2470 of such Code which is set forth as Annex VII to this Agreement; and
the tax imposed by Section 3500 of such Code which is set forth as Annex X
to this Agreement; and
(2) Any other tax, fee, charge, or exaction, imposed on or in connec-
tion with importation unless the law of the country imposing it designates or
imposes it as a customs duty or contains a provision to the effect that it shall
be treated as a duty imposed under the customs laws.
2. For the purposes of Subparagraphs (g) and (h) of Paragraph 1 of
this Protocol —
(a) If an article is entitled to be imported from a foreign country free
of ordinary customs duty, that country shall be considered as the country
entitled to the lowest rate of ordinary customs duty with respect to such
article; and
(b) A reduction in ordinary customs duty granted any country, by law,
treaty, trade agreement, or otherwise, with respect to any article, shall be
converted into the equivalent reduction in the rate of ordinary customs
duty otherwise applicable to such article.
3. For the purposes of Paragraphs 1 and 2 of Article IV, any material,
used in the production of an article, shall be considered as having been used
in the production of an article subsequently produced, which is the product of
a chain of production in the course of which an article, which is the product
of one stage of the chain, is used by its producer or another person, in a sub-
sequent stage of the chain, as a material in the production of another article.
4. The terms "include" and "including" when used in a definition con-
tained in this Agreement shall not be deemed to exclude other things other-
wise within the meaning of the term defined.
22 PHILIPPINES
In witness whereof the President of the Philippines and the Plenipotentiary
of the President of the United States have signed this Protocol and have
affixed hereunto their seals.
Done in duplicate in the English language at Manila, this 4th day of July,
one thousand nine hundred forty-six.
For the President of the United States of America
Paul V. McNutt [seal]
President of the Philippines
Manuel Roxas [seal]
Annexes of Statutory Provisions Referred to in the Agreement
between the united states of america and the republic of the
Philippines Concerning Trade and Related Matters during a
Transitional Period Following the Institution of Philippine
Independence
ANNEX I
Sugar Act of 1937 of the United States, as amended to May 1, 1946.
Section 101. For the purposes of this Act, except Title IV —
"(e) The term 'direct-consumption sugar' means any sugars which are
principally of crystalline structure and which are not to be further refined
or otherwise improved in quality." (50 Stat.) Pt. 1 (903, Ch. 898)
annex n
Tariff Act of 1930 of the United States, as amended to May 1, 1946.
"Par. 1622. All binding twine manufactured from New Zealand hemp,
henequen, Manila,13 istle or Tampico fibre, sisalgrass, or sunn, or a mixture
of any two or more of them, of single ply and measuring not exceeding seven
hundred and fifty feet to the pound". (46 Stat.) Pt. 1 (675, Ch. 497)
ANNEX m
Tariff Act of 1930 of the United States, as amended to May 1, 1946.
"Par. 602. The term 'wrapper tobacco' as used in this title means that
quality of leaf tobacco which has the requisite color, texture, and burn, and
is of sufficient size for cigar wrappers, and the term 'filler tobacco' means all
other leaf tobacco . . . ." (46 Stat.) Pt. 1 (631, Ch. 497)
ANNEX D7
Internal Revenue Code of the United States, as amended to May 1, 1946.
For correction, see exchange of notes, p. 30.
TRADE— JULY 4, 1946 23
"Chapter 16 — Oleomargarine, adulterated butter, and process or reno-
vated butter.
"Sec. 2300. Oleomargarine defined.
"For the purpose of this chapter, and of sections 3200 and 3201, certain
manufactured substances, certain extracts, and certain mixtures and com-
pounds, including such mixtures and compounds with butter, shall be known
and designated as 'oleomargarine,' namely: All substances known prior to
August 2, 1886, as oleomargarine, oleo, oleomargarine oil, butterine, lardine,
suine, and neutral; all mixtures and compounds of oleomargarine, oleo,
oleomargarine oil, butterine, lardine, suine, and neutral ; all lard extracts and
tallow extracts; and all mixtures and compounds of tallow, beef fat, suet,
lard, lard oil, fish oil or fish fat, vegetable oil, annatto, and other coloring
matter, intestinal fat, and offal fat ; — if ( 1 ) made in imitation or semblance
of butter, or ( 2 ) calculated or intended to be sold as butter or for butter, or
(3) churned, emulsified or mixed in cream, milk, water or other liquid,
and containing moisture in excess of one per centum or common salt. This
section shall not apply to puff-pastry shortening not churned or emulsi-
fied in milk,13 or cream, and having a melting point of one hundred and
eighteen degrees Fahrenheit or more, nor to any of the following containing
condiments and spices: salad dressings, mayonnaise dressings or mayonnaise
products nor to liquid emulsion, pharmaceutical preparations, oil meals,
liquid preservatives, illuminating oils, cleansing compounds, or flavoring com-
pounds. (53 Stat.) 247 and 248."
ANNEX V
Internal Revenue Code of the United States, as amended to May 1, 1946.
"Sec. 2306. Importation.
"All oleomargarine imported from foreign countries shall, in addition to
any import duty imposed on the same, pay an internal revenue tax of fifteen
cents per pound, such tax to be represented by coupon stamps as in the case of
oleomargarine manufactured in the United States . . ."
"Sec. 2320. Definitions.
" (a) Butter. For the purpose of this chapter and sections 3206 and 3207,
the word 'butter' shall be understood to mean the food product usually known
as butter, and which is made exclusively from milk or cream, or both, with or
without common salt and with or without additional coloring matter.
"(b) Adulterated butter. 'Adulterated butter' is defined to mean a grade
of butter produced by mixing, reworking, rechurning in milk or cream, refin-
ing, or in any way producing a uniform, purified, or improved product from
different lots or parcels of melted or unmelted butter or butter fat, in which
any acid, alkali, chemical, or any substance whatever is introduced or used for
yOS-582— 73-
24 PHILIPPINES
the purpose with the effect of " deodorizing or removing therefrom rancidity,
or any butter or butter fat with which there is mixed any substance foreign to
butter as defined in subsection (a), with intent or effect of cheapening in cost
the product, or any butter in the manufacture or manipulation of which any
process or material is used with intent or effect of causing the absorption of
abnormal quantities of water, milk, or cream. 53 Stat. 252 and 253."
"Sec. 2327. Other laws applicable.
"(a) Oleomargarine. The provisions of sections 2301(c)(2), 2305 to
2311, inclusive (except subsections (a), (b) and (h) of section 2308), and
section 3791 (a) ( 1 ), shall apply to the manufacturers of adulterated butter
to an extent necessary to enforce the marking, branding, identification, and
regulation of the exportation and importation of adulterated butter. 53 Stat.
255." (53 Stat.) Pt. 1 (247, 250, 252, 253, and 255, Ch. 2)
ANNEX VI
Internal Revenue Code of the United States, as amended to May 1, 1946.
"Sec. 2350. Definitions.
"For the purpose of this chapter and sections 3210 and 3211 —
"(a) Cheese. The word 'cheese' shall be understood to mean the food
product known as cheese, and which is made from milk or cream and without
the addition of butter, or any animal, vegetable, or other oils or fats foreign to
such milk or cream, with or without additional coloring matter.
"(b) Filled cheese. Certain substances and compounds shall be known
and designated as 'filled cheese,' namely: all substances made of milk or
skimmed milk, with the admixture of butter, animal oils or fats, vegetable or
any other oils, or compounds foreign to such milk, and made in imitation or
semblance of cheese. Substances and compounds, consisting principally of
cheese with added edible oils, which are not sold as cheese or as substitutes for
cheese but are primarily useful for imparting a natural cheese flavor to other
foods shall not be considered 'filled cheese' within the meaning of this chapter.
53 Stat. 256."
"Sec. 2356. Importation.
"All filled cheese as defined in section 2350 (b) imported from foreign
countries shall, in addition to any import duty imposed on the same, pay an
internal revenue tax of 8 cents per pound, such tax to be represented by
coupon stamps ; and such imported filled cheese and the packages containing
the same shall be stamped, marked, and branded, as in the case of filled
cheese manufactured in the United States. 53 Stat. 258." (53 Stat.) Pt. 1
(256 and 258, Ch. 2)
For correction, see exchange of notes, p. 30.
TRADE— JULY 4, 1946 25
ANNEX VII
Internal Revenue Code of the United States, as amended to May 1, 1946.
"Sec. 2470. Tax.
"(a) Rate.
" ( 1 ) In general. There shall be imposed upon the first domestic proc-
essing of coconut oil, palm oil, palm-kernel oil, fatty acids derived from any
of the foregoing oils, salts of any of the foregoing (whether or not such oils,
fatty acids, or salts have been refined, sulphonated, sulphated, hydrogenated,
or otherwise processed), or any combination or mixture containing a sub-
stantial quantity of any one or more of such oils, fatty acids, or salts, a tax
of three cents per pound to be paid by the processor.
"(2) Additional rate on coconut oil. There shall be imposed (in addi-
tion to the tax imposed by the preceding paragraph) a tax of two cents per
pound, to be paid by the processor, upon the first domestic processing of coco-
nut oil or of any combination or mixture containing a substantial quantity of
coconut oil with respect to which oil there has been no previous first domestic
processing, except that the tax imposed by this sentence shall not apply when
it is established, in accordance with regulations prescribed by the Commis-
sioner with the approval of the Secretary, that such coconut oil (whether or
not contained in such a combination or mixture) , (A) is wholly the produc-
tion of the Philippine Islands or any possession of the United States, or ( B )
was produced wholly from materials the growth or production of the Philip-
pine Islands or any possession of the United States, or ( C ) was brought into
the United States on or before June 9, 1934, or produced from materials
brought into the United States on or before June 9, 1934, or (D) was pur-
chased under a bona fide contract entered into prior to April 26, 1934, or
produced from materials purchased under a bona fide contract entered into
prior to April 26, 1934. The tax imposed by this paragraph shall not apply
to any domestic processing after July 3, 1974.
"(b) Exemption. The tax under subsection (a) shall not apply ( 1 ) with
respect to any fatty acid or salt resulting from a previous first domestic process-
ing taxed under this section or upon which an import tax has been paid under
Chapter 22, or (2) with respect to any combination or mixture by reason
of its containing an oil, fatty acid, or salt with respect to which there has been
a previous first domestic processing or upon which an import tax has been
paid under Chapter 22.
"(c) Importation prior to August 21, 1936. Notwithstanding the pro-
visions of subsections (a) and (b) of this section, the first domestic process-
ing of sunflower oil or sesame oil (or any combination or mixture contain-
ing a substantial quantity of sunflower oil or sesame oil), if such oil or such
combination or mixture or such oil contained therein was imported prior to
26 PHILIPPINES
August 21, 1936, shall be taxed in accordance with the provisions of section
602 y2 of the Revenue Act of 1934, 48 Stat. 763, in force on June 22, 1936.
53 Stat. 264." (53 Stat.) Pt. 1 (264 and 265, Ch. 2; Pub. Law 371—
79th Cong.)
An Act of the United States to suspend in part the processing tax on
coconut oil, as amended to May 1, 1946.
"Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That section 2470 (a) (2) of the
Internal Revenue Code is hereby suspended: Provided, That if the Presi-
dent after receipt by him of a request from the Government of the Common-
wealth of the Philippine Islands that the suspension of section 2470 (a) (2)
be terminated, shall find that adequate supplies of copra, coconut oil, or both,
the product of the Philippine Islands, are readily available for processing in
the United States, he shall so proclaim; and thirty days after such proc-
lamation, the suspension of section 2470 (a) (2) of the Internal Revenue
Code, shall terminate.
"Sec. 2. This Act shall become effective the day following its enact-
ment, and shall terminate on May 30, 1946." 1B (56 Stat.) Pt. 1 (752 and
753, Ch. 560) ; (58 Stat.) Pt. 1 (647, Ch. 332)
ANNEX Vin
Act of March 24, 1934 of the United States, as amended to May 1, 1946.
"Sec. 8. (a) Effective upon the acceptance of this Act by concurrent
resolution of the Philippine Legislature or by a convention called for that
purpose, as provided in section 1 7 —
" ( 1 ) For the purposes of the Immigration Act of 1 9 1 7, the Immigration
Act of 1924 (except section 13 (c)), this section, and all other laws of the
United States relating to the immigration, exclusion, or expulsion of aliens,
citizens of the Philippine Islands who are not citizens of the United States
shall be considered as if they were aliens. For such purposes the Philippine
Islands shall be considered as a separate country and shall have for each fiscal
year a quota of fifty. This paragraph shall not apply to a person coming
or seeking to come to the Territory of Hawaii who does not apply for and
secure an immigration or passport visa, but such immigration shall be deter-
mined by the Department of the Interior on the basis of the needs of industries
in the Territory of Hawaii. 48 Stat. 462." (48 Stat.) Pt. 1 (462, Ch. 84)
annex rx
Internal Revenue Code of the United States, as amended to May 1, 1946.
' For correction, see exchange of notes, p. 30.
TRADE— JULY 4, 1946 27
"Sec. 2490. Imposition of Tax.
"In addition to any other tax or duty imposed by law, there shall be im-
posed upon the following articles imported into the United States, unless
treaty provisions of the United States otherwise provide, a tax at the rates set
forth in section 2491, to be paid by the importer. 53 Stat. 267."
"Sec. 2491. Rate of Tax.
"(c) Any article, merchandise, or combination (except oils specified
in section 2470) , 10 per centum or more of the quantity by weight of which
consists of, or is derived directly or indirectly from, one or more of the prod-
ucts specified above in this paragraph or of the oils, fatty acids, or salts speci-
fied in section 2470, a tax at the rate or rates per pound equal to that pro-
portion of the rate or rates prescribed in this paragraph or such section 2470
in respect of such product or products which the quantity by weight of the
imported article, merchandise, or combination, consisting of or derived from
such product or products, bears to the total weight of the imported article,
merchandise, or combination; but there shall not be taxable under this
subparagraph any article, merchandise, or combination (other than an oil,
fat, or grease, and other than products resulting from processing seeds without
full commercial extraction of the oil content), by reason of the presence
therein of an oil, fat, or grease which is a natural component of such article,
merchandise, or combination and has never had a separate existence as an
oil, fat, or grease. 53 Stat. 267 and 268." (53 Stat.) Pt. 1 (267 and 268,
Ch. 2)
ANNEX X
Internal Revenue Code of the United States, as amended to May 1, 1946.
"Chapter 32. Sugar.
"Sec. 3500. Rate of Tax.
"In addition to any other tax or duty imposed by law, there shall be im-
posed, under such regulations as the Commissioner of Customs shall pre-
scribe, with the approval of the Secretary, a tax upon articles imported or
brought into the United States as follows:
" ( 1 ) On all manufactured sugar testing by the polariscope ninety-two
sugar degrees, 0.465 cent per pound, and for each additional sugar degree
shown by the polariscopic test, 0.00875 cent per pound additional, and frac-
tions of a degree in proportion ;
"(2) On all manufactured sugar testing by the polariscope less than
ninety-two sugar degrees 0.5144 cent per pound of the total sugars therein;
"(3) On all articles composed in chief value of manufactured sugar
0.5144 cent per pound of the total sugars therein. 53 Stat. 428."
28 PHILIPPINES
"Sec. 3507. Definitions.
"(6) Manufactured sugar. The term 'manufactured sugar' means any
sugar derived from sugar beets or sugar cane,18 which is not to be, and which
shall not be, further refined or otherwise improved in quality; except sugar
in liquid form which contains nonsugar solids (excluding any foreign sub-
stance that may have been added) equal to more than 6 per centum of the
total soluble solids, and except also sirup of cane juice produced from sugar
cane grown in continental United States.
"The grades or types of sugar within the meaning of this definition shall
include, but shall not be limited to, granulated sugar, lump sugar, cube
sugar, powdered sugar, sugar in the form of blocks, cones, or molded shapes,
confectioners' sugar, washed sugar, centrifugal sugar, clarified sugar, turbi-
nado sugar, plantation white sugar, muscovado sugar, refiners' soft sugar,
invert sugar mush, raw sugar, sirups, molasses, and sugar mixtures.
"(c) Total sugars. The term 'total sugars' means the total amount of
the sucrose (Clerget) and of the reducing or invert sugars. The total sugars
contained in any grade or type of manufactured sugar shall be ascertained
in the manner prescribed in paragraphs 758, 759, 762, and 763 of the United
States Customs Regulations (1931 edition). 53 Stat. 428 and 429." (53
Stat. ) Pt. 1 (426, 428, and 429, Ch. 2 )
ANNEX XI
Constitution of the Philippines as amended to May 1, 1946.
Article I. the national territory
"Section 1. The Philippines comprises all the territory ceded to the
United States by the Treaty of Paris concluded between the United States
and Spain on the tenth day of December, eighteen hundred and ninety-eight,17
the limits of which are set forth in Article III of said treaty, together with all
the islands embraced in the treaty concluded at Washington, between the
United States and Spain on the seventh day of November, nineteen hundred,18
and in the treaty concluded between the United States and Great Britain
on the second day of January, nineteen hundred and thirty,19 and all territory
over which the present Government of the Philippine Islands exercises
jurisdiction."
Whereas the Ambassador of the United States of America to the Repub-
lic of the Philippines and the Vice-President and Concurrently Secretary
of Foreign Affairs of the Republic of the Philippines have exchanged notes
making certain clarifying amendments to said agreement, which notes are
in words and figures as follows:
' For correction, see exchange of notes, p. 30.
'TS 343, post, p. 615.
' TS 345, post, p. 623.
'TS 856, post, vol. 12, UNITED KINGDOM.
TRADE— JULY 4, 1946 29
Exchange of Notes
The American Ambassador to the Secretary of Foreign Affairs
Embassy of the
United States of America
October 22, 1946
Excellency:
I have the honor to make the following statement of my Government's
understanding of recent conversations held at Manila relative to the correc-
tion of certain typographical errors in the Agreement between the United
States of America and the Republic of the Philippines concerning Trade and
Related Matters during a Transitional Period following the Institution of
Philippine Independence, signed at Manila on July 4, 1946, and in the
Protocol and the Annexes to that Agreement, and relative to the making
of certain clarifying amendments therein.
1. In Article II, Paragraph 3, second sentence, (a) the phrase "unrefined
sugar specified in Item A" shall be changed to read "unrefined sugars speci-
fied in Item A", (b) the phrase "refined sugar specified in Item A-l" shall be
changed to read "refined sugars specified in Item A-l", and (c) the phrase
"shall be allotted annually by the Philippines" shall be changed to read "shall
be allocated annually by the Philippines".
2. The column headings of the Schedule to Article II and Items A and
A-l of such Schedule shall be changed to read as follows:
"Items Classes of Articles Amounts
A Sugars 952,000 short tons,
A-l of which not to exceed 56,000 short tons
may be refined sugars, meaning 'direct-con-
sumption sugar' as defined in Section 101 of
the Sugar Act of 1937 of the United States
which is set forth in part as Annex I to this
Agreement."
3. In Item B of the Schedule to Article II the phrase "including binding
twines described" shall be changed to read "including binding twine de-
scribed", and the word "Manila" shall be changed to read "manila".
4. In Item G of the Schedule to Article II the word "Buttoms" should be
changed to read "Buttons".
5. In Article III, Paragraph 1 the word "and" shall be inserted after the
semicolon at the end of indented Subparagraph (a) .
6. Article III, Paragraph 2 shall be changed to read as follows:
"2. If the President of the United States finds that the allocation of any
quota established pursuant to Paragraph 1 of this Article is necessary to make
the application of the quota just and reasonable between the United States
and the Philippines, the United States shall have the right to provide the basis
30 PHILIPPINES
for the allocation of such quota, and, if the United States exercises such right,
the Philippines will promptly put and keep in effect, on the basis provided by
the United States, the allocation of such quota."
7. In the last sentence of Article IV, Paragraph 2 the word "Sections"
shall be changed to read "Section".
8. In Article IV, Paragraph 5 the word "Manila" shall be changed to
read "manila".
9. In Article V the phrase "into the United States dollars" shall be
changed to read "into United States dollars".
10. In clause (b) of the first sentence of Article VIII, Paragraph 1 the
phrase "and continue in effect" shall be changed to read "and continue in
effect".
11. At the end of Article X, Paragraph 2 the phrase "six months' notice."
shall be changed to read "six months' written notice."
12. In clause (5) of Subparagraph (d) of Paragraph 1 of the Protocol
the phrase "weight or which consists of" shall be changed to read "weight of
which consists of".
13. In Annex II the word "Manila" shall be changed to read "manila".
14. In the last sentence of Annex IV, Section 2300 delete the comma
after the word "milk".
15. In Annex V, Section 2320, Subsection (b) the phrase "used for the
purpose with the effect of" shall be changed to read "used for the purpose or
with the effect of".
16. At the end of Annex VII the date "May 30, 1946." shall be changed
to read "June 30, 1946."
17. In Annex X, Section 3507, Subsection (b ) the phrase "sugar beets or
sugar cane" shall be changed to "sugar beets or sugarcane".
Since this note includes the matters covered by the notes exchanged on
July 5, 1946 and July 16, 1946 relative to the correction of two typographical
errors in said Agreement of July 4, 1946, the present exchange of notes shall
supersede such earlier exchange of notes.
If the above provisions are acceptable to the Government of the Republic
of the Philippines this note and the reply signifying assent thereto shall, if
agreeable to that Government, be regarded as amending the said Agreement
of July 4, 1946, and the Protocol and Annexes thereto, and as constituting
an integral part thereof.
Accept, Excellency, the assurances of my most distinguished consideration.
Paul V. McNutt
His Excellency
Elpidio Quirino
Secretary for Foreign Affairs of the
Republic of the Philippines
TRADE— JULY 4, 1946 31
The Secretary of Foreign Affairs to the American Ambassador
PPINES
AFFAIRS
Manila, October 22, 1946
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
Excellency:
I have the honor to acknowledge the receipt of Your Excellency's note of
today's date recording your Government's understanding of recent conversa-
tions held at Manila relative to the correction of certain typographical errors
in the Agreement between the United States of America and the Republic
of the Philippines concerning trade and related matters during a transitional
period following the institution of Philippine Independence, signed at Manila
on July 4, 1946, and in the Protocol and the Annexes to that Agreement, and
relative to the making of certain clarifying amendments therein.
I have the honor to confirm your Excellency's statement with regard to
this matter and to state that my Government is agreeable that your note and
this reply signifying assent thereto shall be regarded as amending the said
Agreement of July 4, 1 946, and the Protocol and the Annexes thereto, and as
constituting an integral part thereof.
Accept, Excellency, the assurances of my most distinguished consideration.
Elpidio Quirino
Vice-President and concurrently
Secretary of Foreign Affairs
His Excellency
Paul V. McNutt
American Ambassador to the Philippines
Manila
REPRESENTATION OF FOREIGN INTERESTS
Exchange of notes at Manila July 10 and 12, 1946
Entered into force July 12, 1946; operative from July 4, 1946
Terminated October 22, 1946 1
61 Stat. 1179; Treaties and Other
International Acts Series 1568
The Secretary of Foreign Affairs to the American Ambassador
July 10, 1946
OFFICE OF THE VICE PRESIDENT
OF THE PHILIPPINES
Malacafian
Excellency:
In accordance with the provisions of the Protocol accompanying the
Treaty of General Relations between the United States of America and
the Republic of the Philippines signed at Manila on the 4th day of July, 1946,
I have the honor to inform you that the Republic of the Philippines shall
observe the provisions of Articles II and III pending the final ratification of
said treaty effective as of July 4, 1946.
Accept, Excellency, the renewed assurances of my highest consideration.
Elpidio Quirino
Vice-President and concurrently
Secretary of Foreign Affairs
His Excellency
Paul V. McNurr
American Ambassdor
Manila
The American Ambassdor to the Secretary of Foreign Affairs
Embassy of the
United States of America
July 12, 1946
Excellency:
I have the honor to acknowledge the receipt of your note of July 10, 1946,
confirming that, in accordance with the Protocol Accompanying the Treaty
1 Upon entry into force of treaty and protocol of July 4, 1946 (TIAS 1568, ante, p. 3).
32
FOREIGN INTERESTS— JULY 10 AND 12, 1946 33
of General Relations Between the United States of America and the Repub-
lic of the Philippines signed at Manila on July 4, 1946, your Government
will observe the provisions of Articles II and III of the Treaty pending final
ratification thereof.
In reply I have the honor to confirm to you that my Government intends
similarly to observe the provisions of the above mentioned protocol.
Accept, Excellency, the renewed assurances of my most distinguished
consideration.
Paul V. McNutt
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs for the
Republic of the Philippines
AMERICAN-PHILIPPINE FINANCIAL
COMMISSION
Exchange of notes at Manila September 13 and 17, 1946
Entered into force September 17, 1946
61 Stat. 2840; Treaties and Other
International Acts Series 1612
The American Ambassador to the Secretary of Foreign Affairs
Embassy of the
United States of America
September 13, 1946
Excellency :
I have the honor to state that in further reference to your note of Au-
gust 6 regarding the creation of a joint American-Philippine Commission
to consider the financial and budgetary problems of the Philippines and to
make recommendations thereon to our two Governments, I am in receipt of
information from the Department of State as follows:
"Because of special needs here, State and Treasury jointly propose that
American-Philippine Financial Commission consist of three American and
three Filipino members with co-chairmanship and American members to
include a representative of State as co-chairman, Treasury, and Federal
Reserve Board. Expect American delegation will have additional staff mem-
bers to advise chairman on specific technical problems. Terms of reference
of joint commission as follows:
"To consider the financial and budgetary problems of the Philippine Gov-
ernment and to make recommendations thereon to the two Governments,
with reference to tax system and administration, budget, public debt, cur-
rency and banking reform, exchange and trade problems, reconstruction and
development.
"Please inform Philippine Government that commission cannot be em-
powered to consider application for Export-Import Bank loan as Export-
Import Bank and NAC [National Advisory Council on International Mone-
34
FINANCIAL COMMISSION— SEPTEMBER 13 AND 17, 1946 35
tar)' and Financial Problems] cannot delegate this responsibility. However,
findings and recommendations will be brought to attention of Export-Import
Bank and NAG and will be utmost value in their consideration of specific
action.
"Request you consult with Philippine Government with view to obtain-
ing concurrence in above proposals and early formation and activation of
commission. You will be advised names of American members when desig-
nated and probable date of departure. In view of exchange correspondence
between President Truman and President Roxas last month on this ques-
tion, it is desired here that arrangements go forward with all possible speed.
Please advise prompdy of all developments."
I shall be very glad to receive and transmit to the Department of State
the concurrence of your Government and, thus, to facilitate the establish-
ment of the American-Philippine Financial Commission.
Accept, Excellency, the renewed assurances of my highest
consideration.
Paul V. McNutt
His Excellency
Elpidio Quirino,
Secretary of Foreign Affairs for the
Republic of the Philippines
The Secretary of Foreign Affairs to the American Ambassador
HILIPPINES
SIGN AFFAIRS
Manila, September 17, 1946
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
Excellency:
I have the honor to refer to your note of September 1 3 regarding the cre-
ation of a joint American-Philippine Commission to consider the financial
and budgetary problems of the Philippines and to make recommendations
thereon to our two governments.
My Government accepts with pleasure the proposal of your Government
that a joint American-Philippine Finance Commission be established. My
Government approves the plan to entrust to the proposed Commission
the consideration of the financial and budgetary problems of the Philippine
Government and the formulation of recommendations to the two govern-
ments of measures to meet budgetary deficits of the Philippine Govern-
ment. My Government also approves the proposal that this Commission
consider and make recommendations to the Philippine Government with
reference to our taxes and administration, the budget, public debt, currency
36 PHILIPPINES
and banking reform, exchange and trade problems, reconstruction and
development.
Accept, Excellency, the renewed assurances of my highest
consideration.
E. Quirino
Vice-President and concurrently
Secretary of Foreign Affairs
His Excellency
Paul V. McNutt
United States Ambassador
Manila
AIR TRANSPORT SERVICES
Agreement signed at Manila November 16, 1946, with annex
Entered into force November 16, 1946
Section B of annex amended by agreement of August 27, 1948 1
Terminated March 3, 1960 2
61 Stat. 2479; Treaties and Other
International Acts Series 1577
Air Transport Agreement between the United States of America
and the Republic of the Philippines
Having in mind the resolution signed under date of December 7, 1944,
at the International Civil Aviation Conference in Chicago, for the adoption
of a standard form of agreement for air routes and services, and the desira-
bility of mutually stimulating and promoting the further development of
air transportation between the United States of America and the Republic
of the Philippines, the two Governments parties to this arrangement agree
that the establishment and development of air transport services between
their respective territories shall be governed by the following provisions:
Article I
Each contracting party grants to the other contracting party the rights
as specified in the Annex hereto necessary for establishing the international
civil air routes and services therein described, whether such services be inau-
gurated immediately or at a later date at the option of the contracting party
to whom the rights are granted.
Article II
Each of the air services so described shall be placed in operation as soon
as the contracting party to whom the rights have been granted by Article I
to designate an airline or airlines for the route concerned has authorized an
airline for such route, and the contracting party granting the rights shall,
subject to Article VII hereof, be bound to give the appropriate operating
permission to the airline or airlines concerned; provided that any airline
'TIAS 1844, post, p. 158.
* Pursuant to notice of termination given by the Philippines Feb. 26, 1959.
37
38 PHILIPPINES
so designated may be required to qualify before the competent aeronautical
authorities of the contracting party granting the rights under the laws and
regulations normally applied by these authorities before being permitted
to engage in the operations contemplated by this Agreement; and pro-
vided that in areas of hostilities or of military occupation, or in areas affected
thereby, such inauguration shall be subject to the approval of the competent
military authorities.
Article III
Operating rights which the Philippine Government may have heretofore
granted to any United States air transport enterprise shall continue in
force in accordance with their terms, except for any provisions included
in such operating rights which would prevent any airline designated under
Article II above from operating under this Agreement.
Article IV
In order to prevent discriminatory practices and to assure equality of
treatment, both contracting parties agree that :
(a) Each of the contracting parties may impose or permit to be im-
posed just and reasonable charges for the use of public airports and other
facilities under its control. Each of the contracting parties agrees, however,
that these charges shall not be higher than would be paid for the use of such
airports and facilities by its national aircraft engaged in similar international
services.
(b) Fuel, lubricating oils and spare parts introduced into the territory
of one contracting party by the other contracting party or its nationals, and
intended solely for use by aircraft of such other contracting party shall, with
respect to the imposition of customs duties, inspection fees or other national
duties or charges by the contracting party whose territory is entered, be
accorded the same treatment as that applying to national airlines and to
airlines of the most-favored-nation.
(c) The fuel, lubricating oils, spare parts, regular equipment and air-
craft stores retained on board civil aircraft of the airlines of one contracting
party authorized to operate the routes and services described in the Annex
shall, upon arriving in or leaving the territory of the other contracting party,
be exempt from customs, inspection fees or similar duties or charges, even
though such supplies be used or consumed by such aircraft on flights in that
territory.
Article V
Certificates of airworthiness, certificates of competency and licenses issued
or rendered valid by one contracting party shall be recognized as valid by the
other contracting party for the purpose of operating the routes and services
described in the Annex. Each contracting party reserves the right, however^
AIR TRANSPORT SERVICES— NOVEMBER 16, 1946 39
to refuse to recognize, for the purpose of flight above its own territory, certifi-
cates of competency and licenses granted to its own nationals by another
State.
Article VI
(a) The laws and regulations of one contracting party relating to the
admission to or departure from its territory of aircraft engaged in interna-
tional air navigation, or to the operation and navigation of such aircraft
while within its territory, shall be applied to the aircraft of the other con-
tracting party, and shall be complied with by such aircraft upon entering or
departing from or while within the territory of the first party.
(b) The laws and regulations of one contracting party as to the admis-
sion to or departure from its territory of passengers, crew, or cargo of aircraft,
such as regulations relating to entry, clearance, immigration, passports, cus-
toms, and quarantine shall be complied with by or on behalf of such passen-
gers, crew or cargo of the other contracting party upon entrance into or
departure from, or while within the territory of the first party.
Article VII
Each contracting party reserves the right to v/ithhold or revoke the certifi-
cate or permit of any airline of the other party in case it is not satisfied that
substantial ownership and effective control of airlines of the first party arc
vested in nationals of that party, or in case of failure of such airline to comply
with the laws of the State over which it operates, as described in Article VI
hereof, or otherwise to fulfill the conditions under which the rights are
granted in accordance with this Agreement and its Annexes.
Article VIII
This agreement and all contracts connected therewith shall be registered
with the Provisional International Civil Aviation Organization.
Article IX
This agreement or any of the rights for air transport services granted
thereunder may be terminated by either contracting party upon giving one
year's written notice to the other contracting party.
Article X
In the event either of the contracting parties considers it desirable to
modify the routes or conditions set forth in the attached Annex, it may
request consultation between the competent authorities of both contracting
parties, such consultation to begin within a period of sixty days from the date
of the request. When these authorities mutually agree on new or revised
conditions affecting the Annex, their recommendations on the matter will
40 PHILIPPINES
come into effect after they have been confirmed by an exchange of diplomatic
notes.
Article XI
This Agreement, including the provisions of the Annex thereto, will come
into force on the day it is signed.
In witness whereof, the undersigned, being duly authorized by their respec-
tive Governments, have signed the present Agreement.
Done in duplicate this 16th day of November, 1946 at Manila.
For the Government of the United States of America:
Paul V. McNutt [seal]
For the Government of the Republic of the Philippines:
Elpidio Quirino [seal]
annex to air transport agreement between the united states
of america and the republic of the philippines
A. Airlines of the United States of America authorized under the present
Agreement are accorded the rights of transit and non-traffic stop in Philip-
pine territory, as well as the right to pick up and discharge international
traffic in passengers, cargo and mail at Manila, on the route or routes indi-
cated below :
From the United States, via intermediate points to Manila and thence to
points beyond in both directions.
B. Airlines of the Republic of the Philippines authorized under the pres-
ent Agreement are accorded the rights of transit and non-traffic stop in United
States territory, as well as the right to pick up and discharge international
commercial traffic in passengers, cargo, and mail at Honolulu and San
Francisco, on the route indicated below :
From the Philippines to San Francisco and thence to points beyond over
a reasonably direct route via intermediate points in the Pacific which are
United States territory, including Honolulu, in both directions.
C. In the operation of the air services authorized under this Agreement,
both contracting parties agree to the following principles and objectives :
1 . Fair and equal opportunity for the airlines of each contracting party
to operate air services on international routes, and the creation of machinery
to obviate unfair competition by unjustifiable increases of frequencies or
capacity.
AIR TRANSPORT SERVICES— NOVEMBER 16, 1946 41
2 . The adjustment of fifth freedom traffic with regard to :
(a) Traffic requirements between the country of origin and the countries
of destination.
( b ) The requirements of through airline operation, and
(c) The traffic requirements of the area through which the airline passes
after taking account of local and regional services.
PUBLIC ROADS PROGRAM
Agreement signed at Manila February 14, 1947
Entered into force February 14, 1947
Extended by agreements of December 16 and 21, 1949, ^ and July 6
and 17, 1951 x
Expired June 30, 1952
61 Stat. 2561; Treaties and Other
International Acts Series 1584
Agreement Between the United States of America and the Repub-
lic of the Philippines Regarding a Road, Street and Bridge
Program
Whereas, the Government of the Republic of the Philippines is desirous
of improving its public roads, streets, and bridges; and
Whereas, the Government of the United States of America has enacted
Public Law No. 370, 79th Congress, approved April 30, 1946,2 providing,
among other things, that its Public Roads Administration is authorized
to plan, design, restore and build in accordance with its usual contract pro-
cedures, in cooperation with the Philippine Government, certain roads, streets,
and bridges as may be determined necessary from the standpoint of the
national defense and economic rehabilitation of the Republic of the Philip-
pines and to the extent that the President of the United States approves
the findings in a report on Philippine Highway Requirements as prepared
by the Public Roads Administration; and, in accordance with such regu-
lations as may be adopted by the Commissioner of the said Public Roads
Administration, to provide training for not to exceeed ten Filipino engineers
from the regularly employed staff of the Philippine Public Works Depart-
ment, to be designated by the President of the Philippines;
MUST 3715; TIAS 2499.
'60 Stat. 128.
42
PUBLIC ROADS— FEBRUARY 14, 1947 43
The Governments of the United States of America and the Republic
of the Philippines have decided to conclude an agreement for those purposes
and have agreed as follows:
Article I
The responsible agent of the Government of the United States for effec-
tuating the provisions of this Agreement shall be the Commissioner of the
United States Public Roads Administration who may delegate to a duly
authorized representative all or any part of his authority and responsibility
for effectuating the provisions of this Agreement. The duties, functions and
powers exercised under the terms of this Agreement by the representative
of the Commissioner of the United States Public Roads Administration in
the Philippines shall be carried out under the general supervision of the
Ambassador of the United States accredited to the Government of the
Philippines.
Article II
The Governments of the United States of America and the Republic of
the Philippines agree that the road, street and bridge program in the Repub-
lic of the Philippines is to be advanced progressively as may be determined
by the duly authorized representative of the Philippine Department of
Public Works and Communications and the authorized representative of
the United States Public Roads Administration subject to such regulations
as may be issued by the Commissioner of the United States Public Roads
Administration and subject to the availability of such funds as may be
allotted by the administrative agency of the Government of the United
States of America which is or may be authorized and empowered to admin-
ister the provisions of the Act of the Congress of the United States of
America approved April 30, 1946, referred to above.
Article III
The United States Public Roads Administration personnel assigned to
this work will aid and assist the Philippine Department of Public Works and
Communications in making appropriate studies of highway transportation
in order that the latter shall be enabled to submit a comprehensive program
of work to be undertaken with funds under the Act for each fiscal year
as well as the over-all program. These programs will be supported by Project
Statements and Project Agreements which are to be determined and nego-
tiated between the Philippine Department of Public Works and Communi-
cations and the United States Public Roads Administration.
Article IV
The United States Public Roads Administration, subject to the avail-
ability of appropriated funds, shall provide training during the period of
44 PHILIPPINES
this Agreement for not to exceed ten engineers, citizens of the Republic of
the Philippines, in the construction, maintenance, and highway traffic engi-
neering and control necessary for the continued maintenance and for the
efficient and safe operation of highway transport facilities.
The President of the Republic of the Philippines shall designate trainees
selected in accordance with procedures and standards established by the
Commissioner of Public Roads of the United States. The Government of
the Republic of the Philippines shall furnish to the United States Embassy
at Manila the names of trainees so designated.
Article V
The United States Public Roads Administration will reimburse the Philip-
pine Department of Public Works and Communications monthly (or as
otherwise agreed between these two governmental agencies) in United
States dollars for the United States Government's share of the value of the
work found to have been satisfactorily performed under any or all active
Project Agreements in accordance with the pro rata and other conditions
provided in said Project Agreements.
Article VI
The United States Public Roads Administration personnel will confer with
the Philippine Department of Public Works and Communications accounting
and audit staff with respect to maintaining appropriate project cost accounts,
and adequate basic field records to be kept by contractors or other constructing
agency for jobs handled under force account or direct labor construction
methods; the sufficiency of these accounts and records being subject at all
times to approval of the United States Public Roads Administration. The
United States Public Roads Administration shall have the right of access to
all such records and accounts for the purpose of conducting detailed audits
and cost analyses as may be found requisite to support the disbursements of
the funds made available by the United States Government under this
Agreement. The United States Public Roads Administration also shall have
access to records and all other data and documents of the Philippine Depart-
ment of Public Works and Communications pertaining to the financial ability
and other qualifications of contractors bidding on work embraced in this
Agreement.
Article VII
The Republic of the Philippines agrees to provide all lands, easements,
and rights-of-way necessary for the execution of the projects under the pro-
grams to which this Agreement relates; and the Public Roads Administration
is authorized in the prosecution of these programs to accept and utilize
PUBLIC ROADS— FEBRUARY 14, 1947 45
thereon contributions of labor, materials, equipment, and money from the
Government of the Republic of the Philippines and its political subdivisions.
Article VIII
On projects financed jointly by the United States of America and the
Republic of the Philippines, agreement will be reached between the repre-
sentatives of the United States Public Roads Administration and the Philip-
pine Department of Public Works and Communications as to standards
of construction. Frequent inspections will be made by representatives of the
United States Public Roads Administration to determine whether these
standards are being met. The Philippine Department of Public Works and
Communications will be advised of the results of such inspections. Payment
of funds for work so determined as satisfactory will be made as outlined in
Article V hereof. Unsatisfactory work will be corrected before payment is
made therefor.
Article IX
The Republic of the Philippines shall maintain and operate to the satis-
faction of the United States Public Roads Administration on the projects and
faculties provided for in this Agreement during the period of this Agreement.
Representatives of the United States Public Roads Administration shall
make frequent inspections to determine whether maintenance and operation
are satisfactory. The Philippine Department of Public Works and Com-
munications will be advised of the results of such inspections.
Article X
The Government of the Republic of the Philippines will cooperate with
the United States Public Roads Administration in providing necessary office
space and facilities, and adequate housing accommodations for its personnel
and their families at reasonable rental rates.
Article XI
The Government of the Republic of the Philippines will save harmless
all officers and employees of the United States Public Roads Administration
who are citizens of the United States from damage suits or other civil actions
arising out of their performance of their duties under this Agreement.
Article XII
It is agreed that the Philippine Governmental body authorized to receive
surplus property from the United States shall transfer or make the use thereof
available without charge to the Department of Public Works and Com-
munications such construction and maintenance equipment, shop tools,
machinery spare parts and supplies as are necessary to the economic and
46 PHILIPPINES
efficient fulfillment of the purposes of this Agreement, all such disposals to be
in accordance with Title II of the Philippine Rehabilitation Act of 1946.3
Article XIII
Employees and agents of the Government of the United States of America
on duty or assigned to duty in the Republic of the Philippines under the
provisions of the present Agreement shall be permitted to move freely into
and out of the Republic of the Philippines subject to existing Visa and Pass-
port Regulations. Free passage shall also be afforded over all bridges, ferries,
roads and other facilities of the highways where tolls are collected for passage
of vehicles or occupants.
Article XIV
Pending the conclusion of negotiations now being considered by the
United States and the Republic of the Philippines, no import, excise, con-
sumption, or other tax, duty or impost shall be levied on funds or property
in the Republic of the Philippines which is owned by the Public Roads
Administration and used for purposes under the present Agreement or on
funds, materials, supplies and equipment imported into the Republic of
the Philippines for use in connection with such purposes; neither shall any
such tax, duty or impost be levied on personal funds or property, not
intended for resale, imported into the Republic of the Philippines for the
use or consumption of the Public Roads Administration personnel who are
United States citizens ; nor shall export or other tax be placed on any such
property in the event of its removal from the Philippines.
Article XV
Each Government reserves the right to remove any personnel paid by
it and involved in carrying out the provisions of this Agreement with the
understanding that each Government shall maintain an adequate force to
carry out the provisions and requirements of this Agreement so long as the
Agreement is in effect.
Article XVI
This Memorandum of Agreement shall become effective on the date of
its signature and continue in effect until June 30, 1950; however, this Agree-
ment may be revised, amended, or changed in whole or in part with the
approval of both parties as indicated and effected by an exchange of notes
between the two contracting parties ; and further, either party may terminate
•60 Stat. 134.
PUBLIC ROADS— FEBRUARY 14, 1947 47
this Agreement by giving to the other party ninety days notice in writing
through diplomatic channels.
In witness whereof, the Undersigned, duly authorized thereto, have
signed the present Agreement in duplicate at Manila this fourteenth day
of February, 1947.
For the Government of the United States of America:
Paul V. McNutt
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to
the Republic of the Philippines
For the Government of the Republic of the Philippines :
R. Nepomuceno
Secretary of Public Works and Communications
308-582—73-
FISHERY PROGRAMS
Agreement signed at Manila March 14, 1947
Entered into force March 14, 1947
Terminated upon fulfillment of its terms
61 Stat. 2834; Treaties and Other
International Acts Series 1611
Agreement Between the United States of America and the Republic
of the Philippines Concerning a Fishery Rehabilitation and
Development Program and a Fishery Training Program
Whereas, the Government of the United States has enacted Public Law
No. 370, 79th Congress, approved April 30, 1946,1 known as the Philip-
pine Rehabilitation Act of 1946, whereof Section 309, entitled "Philippine
Fisheries," provides:
Sec. 309. (a) The Fish and Wildlife Service of the Department of
the Interior is authorized to cooperate with the Government of the Philip-
pines, and with other appropriate agencies or organizations, in the rehabili-
tation and development of the fishing industry, and in the investigation
and conservation of the fishery resources of the Philippines and adjacent
waters.
(b) To accomplish such purposes the Fish and Wildlife Service shall
conduct oceanographic, biological, fish cultural, technological, engineering,
statistical, economic, and market development studies and demonstrations
and fishery explorations, and in conjunction therewith may establish and
maintain a vocational school or schools of fisheries in the Philippines for
the purpose of providing practical instruction and training in the fisheries;
and may, at any time prior to July 1, 1950, provide one year of training
to not more than one hundred and twenty-five Filipinos, to be designated
by the President of the Philippines subject to the provisions of section 311(c),
in methods of deep-sea fishing and in other techniques necessary to the
development of fisheries.
1 60 Stat. 128.
48
FISHERY PROGRAMS— MARCH 14, 1947 49
(c) The Fish and Wildlife Service is authorized to acquire, construct,
maintain, equip, and operate such research and experimental stations,
schools, research and exploratory fishing vessels, or any other facilities in
the Philippines that may be necessary to carry out the purposes of this
section.
(d) The United States Maritime Commission is authorized, upon
recommendation of the Fish and Wildlife Service of the Department of
the Interior, to make arrangements for the transfer by sale or charter of
small vessels, considered by the United States Maritime Commission to be
satisfactory for the purpose, to be used in the establishment and continuance
of a fishing industry to be operated in or near the Philippines. Such trans-
fers may be made on such terms and conditions, including transfer for a
nominal consideration, as the United States Maritime Commission may
approve, but only if, in the opinion of the Fish and Wildlife Service, such
small vessels so to be used for Philippine Island fishing are not needed by
the fishing industry of the United States, its Territories, and possessions;
and
Whereas, the Government of the Republic of the Philippines is desirous
of availing itself of the benefits, facilities and services which are authorized by
the above-quoted Section 309 of the said Public Law No. 370, 79th Congress;
Therefore, the Government of the United States of America and the
Government of the Republic of the Philippines have decided to conclude an
agreement for the foregoing purposes and have agreed mutually as follows :
Article I
The responsible agent of the Government of the United States of America
for effectuating the provisions of this Agreement shall be the Director of the
Fish and Wildlife Service of the United States Department of the Interior,
hereinafter called the Director. The Director may delegate to a duly author-
ized representative all or any part of his authority and responsibility for
effectuating the provisions of this Agreement. The duties, functions, and
powers exercised in the Republic of the Philippines under the terms of this
Agreement by the Director or his duly authorized representative shall be under
the general supervision of the Ambassador of the United States of America
accredited to the Government of the Republic of the Philippines, or, in the
absence of the Ambassador, of the Charge d' Affaires ad interim of the United
States of America.
Article II
The responsible agent of the Government of the Republic of the Philippines
for effectuating the provisions of this Agreement shall be the Chief of the
Bureau of Fisheries of the Department of Agriculture and Commerce, here-
50 PHILIPPINES
inafter called the Chief. The Chief may delegate to a duly authorized repre-
sentative all or any part of his authority and responsibility for effectuating
the provisions of this Agreement. The Chief, or his authorized representative,
shall cooperate with the Director, or the authorized representative of the
Director, in planning the programs of work to be conducted pursuant to this
Agreement and in effectuating close cooperation and integration with the
programs, functions and responsibilities of the Bureau of Fisheries of the
Department of Agriculture and Commerce of the Government of the Phil-
ippines. The Director, or his authorized representative, may negotiate and
conclude with the Chief, or the authorized representative of the Chief, any
working agreement necessary to the carrying out of this Agreement.
Article HI
The fishery rehabilitation, improvement and development program to be
conducted pursuant to this Agreement shall comprise such of the following
items as may be determined from time to time by the Director, or his repre-
sentative, and the Chief, or his representative: (a) Oceanography of the
waters in which fisheries are conducted or may be developed to determine
the nature of physical factors such as currents, salinity, temperature, plankton
abundance, et cetera, affecting such fisheries, which will be correlated with
(b) studies of the kinds, abundance, distribution, seasonal and periodic migra-
tion, life history and ecology of the various species that comprise the fishery
resources, and their management on a sustained yield basis, which studies are
fundamental to (c) exploratory fishing to determine the commercial prac-
ticability of conducting operations in various areas; the optimum types of
gear suitable for exploitation of the resources in such areas ; and modifications
or improvements in existing fishing practices in order to provide for better
utilization of the resources. As an adjunct to the foregoing there also may be
conducted (d) studies of handling, dressing, and storing catches on shipboard
and at shore fishery establishments in order to improve the quality of the
product, to prevent waste, and to promote efficiency of operations; (e)
experiments in the freezing, smoking, salting, canning, and other processing
of fishery products to promote efficiency and quality of the product as well as
to devise methods that are the most economical and efficient; (f ) studies and
pilot-plant experiments in the preparation of fishery by-products such as
industrial and vitamin oils, fish meal, glue, pearl essence, hides for leather,
and other items, so as to utilize species, portions of the catch, and offal, that
cannot be utilized for human food; (g) studies of the management of
brackish and fresh water fish ponds, with a view toward promoting greater
production and efficiency through fertilization, the introduction of sanitary
measures and control of parasites and diseases; (h) the collection, analysis,
and dissemination of current and annual statistics on fishery production as
business indices and as an aid in biological assessment of the condition of
FISHERY PROGRAMS— MARCH 14, 1947 51
the fishery stocks and fluctuations in abundance; (i) economic studies of
employment, production, distribution, and marketing including cost analyses
and business consultant services and all segments of the fishing industry to
aid in its development and promote its efficiency; (j) studies of distribution
and marketing of fishery products in order that supplies may be diverted
to deficiency areas, thus avoiding the unprofitable and wasteful accumulation
of surpluses in other areas; and (k) efforts to provide such aids as the industry
may require in acquiring equipment and facilities.
Article IV
The Government of the Republic of the Philippines agrees to provide
free of cost to the Government of the United States of America such lands,
rights-of-way and easements as may be necessary for carrying out the terms
of this Agreement. Furthermore, the Government of the Republic of the
Philippines shall furnish such equipment, facilities and qualified personnel
necessary to carry out the purposes of this Agreement as may be available
to the Government of the Republic of the Philippines. The Fish and Wildlife
Service of the United States Department of the Interior is authorized to
accept and utilize for the performance of the terms of this Agreement con-
tributions of labor, materials, equipment and money from the Government
of the Republic of the Philippines and its political subdivisions.
Article V
The Fish and Wildlife Service of the United States Department of the
Interior shall provide training during the period of this Agreement for not
to exceed one hundred and twenty-five citizens of the Republic of the Philip-
pines in methods of deep-sea fishing and other techniques necessary to the
development of the fisheries. The Fish and Wildlife Service of the United
States Department of the Interior shall provide for the payment of all
expenses incidental to such training, including, but not necessarily limited
to, actual transportation expenses to and from and in the United States of
America, allowances for tuition, educational fees and subsistence.
In accordance with the procedure set forth in Section 311 (c) of the said
Public Law No. 370, 79th Congress, the President of the Republic shall
designate trainees selected in accordance with procedures and standards
established by the Director, and the Government of the Republic of the
Philippines shall furnish to the United States Embassy at Manila the names
and necessary supporting documents of trainees so designated.
Article VI
The Fish and Wildlife Service of the United States Department of the
52 PHILIPPINES
Interior may construct a fishery research laboratory in the Republic of the
Philippines at such place and in accordance with such specifications as may
be agreed upon pursuant to Article II of this Agreement.
Article VII
Vessels owned by the Government of the United States of America (includ-
ing small boats) operated by the Fish and Wildlife Service of the United
States Department of the Interior as part of the program carried out pur-
suant to this Agreement shall be permitted to move freely in the territorial
waters of the Republic of the Philippines, to enter and sail from the several
ports with or without pilots and without the necessity of formal entrance or
clearance that may ordinarily be required of commercial and other vessels
and to establish or utilize such means of communications between such ves-
sels and shore facilities as may be necessary to the effective administration
of the programs contemplated by this Agreement. Quarantine procedures
and inspections shall be required only at the first Philippine port of call on
original entry.
Vessels of the Government of the United States of America used in the
fishery program (including small boats) , their equipment, tackle, and appur-
tenances shall be immune from seizure under Admiralty or other legal
process.
Vessels owned by the Government of the United States of America (in-
cluding small boats) used in the fishery program shall be exempt from all
requirements of the Government of the Republic of the Philippines relating
to inspection, registry, manning or licensing of vessels or marine personnel.
Where suitable public wharves or facilities for moorage are available,
such vessels shall be furnished wharfage or moorage without cost.
Article VIII
The Government of the Republic of the Philippines will cooperate with
the Fish and Wildlife Service of the United States Department of the Interior
in providing such temporary or permanent office, laboratory, or other space
as may be required and shall render all practicable assistance in securing
housing accommodations, at reasonable rental rates, for personnel of the
Fish and Wildlife Service of the United States Department of the Interior
who are engaged in effectuating this program, and their families.
Article IX
The Government of the Republic of the Philippines will save harmless
all officers and employees of the Fish and Wildlife Service of the United
States Department of the Interior who are citizens of the United States from
damage suits or other civil actions arising out of their performance of their
duties under this Agreement.
FISHERY PROGRAMS— MARCH 14, 1947 53
Article X
Officers, employees and agents of the Government of the United States of
America who are citizens of the United States and who are on duty or who
may be assigned to duty in the Republic of the Philippines under the provisions
of the present Agreement, and their families, shall be permitted to move freely
into and out of the Republic of the Philippines, subject to existing visa and
passport regulations. Gratis transit shall be extended to all officers, employees,
or agents of the Fish and Wildlife Service over all bridges, ferries, roads and
other facilities of the highways where tolls are collected for passage of vehicles
or occupants.
Article XI
Pending the conclusion of negotiations now being considered by the United
States of America and the Republic of the Philippines, no import, excise, con-
sumption, or other tax, duty or impost shall be levied on funds or property
in the Republic of the Philippines which is owned by the Fish and Wildlife
Service of the United States Department of the Interior and used for purposes
under the present Agreement or on funds, materials, supplies, and equipment
imported into the Republic of the Philippines for use in connection with
such purposes; nor shall any such tax, duty or impost be levied on personal
funds or property, not intended for resale, imported into the Republic of the
Philippines for the use or consumption of Fish and Wildlife Service personnel
who are United States citizens; nor shall any export or other tax be placed
on any such funds or property, including United States Government property,
in the event of its removal from the Republic of the Philippines.
Article XII
Each Government reserves the right to remove any personnel paid by it
and involved in carrying out the provisions of this Agreement with the under-
standing that each Government shall maintain an adequate force to carry
out the provisions and requirements of this Agreement so long as the Agree-
ment is in effect.
Article XIII
All commitments made in this Agreement on the part of the Government
of the United States of America shall be subject to the availability of appro-
priated funds by the Government of the United States of America.
Article XIV
This Agreement shall become effective on the date of its signature, and
shall continue in effect until completely executed on both sides, but in no
event later than June 30, 1950; provided, however, that this Agreement
may be revised, amended, or changed in whole or in part with the approval
of both parties as indicated and effected by an exchange of notes between the
54 PHILIPPINES
two contracting parties; and provided further, that either Government may
terminate this Agreement by giving to the other party ninety days notice in
writing through diplomatic channels.
In witness whereof the Undersigned, duly authorized thereto, have
signed the present Agreement in duplicate at Manila this fourteenth day of
March, 1947.
For the Government of the United States of America :
Paul V. McNutt
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to
the Republic of the Philippines
For the Government of the Republic of the Philippines :
Mariano Garchitorena
Secretary of Agriculture and Commerce
MILITARY BASES
Agreement with annexes and exchanges of notes signed at Manila
March 14, 1947
Entered into force March 26, 1947
Ratified by the President of the Philippines January 21, 1948 *
Implemented by agreements of July 1 and September 12, 1947; Oc-
tober 12, 1947 (as supplemented by agreements of January 2
and 3, 1948, and February 19 and 29, 1948); October 3 and 14,
1947; December 18 and 19, 1947; December 23 and 24, 1947;
March 31 and April 1, 1948; 2 May 14 and 16, 1949; 3 Decem-
ber 29, 1952 4 (as amended by agreement of January 15 and Feb-
ruary 9, 1953 s); May 29 and June 17, 1953 ;e and April 7
and 22 and July 7 and 22, 1953 7
Amended by agreements of May 14 and 16, 1949; 8 August 10, 1965; 8
and September 16, 1966 10
61 Stat. 4019; Treaties and Other
International Acts Series 1775
Agreement Between the United States of America and the Republic
of the Philippines Concerning Military Bases
Whereas, the war in the Pacific has confirmed the mutuality of interest
of the United States of America and of the Republic of the Philippines in
matters relating to the defense of their respective territories and that mutuality
of interest demands that the Governments of the two countries take the
necessary measures to promote their mutual security and to defend their
territories and areas;
1 See footnote 16, p. 68.
•3 UST 457-490; TIAS 2406.
•TIAS 1963, post, p. 178.
4 3 UST 5334; TIAS 2739.
6 5 UST 432; TIAS 2936.
9 4 UST 1693; TIAS 2835.
T 9 UST 401; TIAS 4020.
"TIAS 1967, post, p. 175.
•16 UST 1090; TIAS 5851.
"17 UST 1212; TIAS 6084.
308-582—73-
55
56 PHILIPPINES
Whereas, the Governments of the United States of America and of the
Republic of the Philippines are desirous of cooperating in the common defense
of their two countries through arrangements consonant with the procedures
and objectives of the United Nations, and particularly through a grant to the
United States of America by the Republic of the Philippines in the exercise of
its title and sovereignty, of the use, free of rent, in furtherance of the mutual
interest of both countries, of certain lands of the public domain ;
Whereas, the Government of the Republic of the Philippines has re-
quested United States assistance in providing for the defense of the Phil-
ippines and in developing for such defense effective Philippine armed forces;
Whereas, pursuant to this request the Government of the United States
of America has, in view of its interest in the welfare of the Philippines, indi-
cated its intention of dispatching a military mission to the Philippines and of
extending to her appropriate assistance in the development of the Philippine
defense forces;
Whereas, a Joint Resolution of the Congress of the United States of
America of June 29, 1944,11 authorized the President of the United States
of America to acquire bases for the mutual protection of the United States
of America and of the Philippines; and
Whereas, Joint Resolution No. 4 of the Congress of the Philippines, ap-
proved July 28, 1945,12 authorized the President of the United States of
America to negotiate with the President of the Philippines for the establish-
ment of bases provided for in the Joint Resolution of the Congress of the
United States of America of June 29, 1944, with a view to insuring the ter-
ritorial integrity of the Philippines, the mutual protection of the United
States of America and the Philippines, and the maintenance of peace in the
Pacific;
Therefore, the Governments of the Republic of the Philippines and of
the United States of America agree upon the following terms for the delimita-
tion, establishment, maintenance and operation of military bases in the
Philippines:
Article I
grants of bases
1. The Government of the Republic of the Philippines (hereinafter
referred to as the Philippines) grants to the Government of the United States
of America (hereinafter referred to as the United States) the right to retain
the use of the bases in the Philippines listed in Annex A attached hereto.
2. The Philippines agrees to permit the United States, upon notice to
the Philippines, to use such of those bases listed in Annex B as the United
States determines to be required by military necessity.
u 58 Stat. 626.
"Philippine Official Gazette, no. 5, August 1945, p. 349.
MILITARY BASES— MARCH 14, 1947 57
3. The Philippines agrees to enter into negotiations with the United
States at the latter's request, to permit the United States to expand such
bases, to exchange such bases for other bases, to acquire additional bases, or
relinquish rights to bases, as any of such exigencies may be required by mili-
tary necessity.
4. A narrative description of the boundaries of the bases to which this
Agreement relates is given in Annex A and Annex B. An exact description
of the bases listed in Annex A, with metes and bounds, in conformity with
the narrative descriptions, will be agreed upon between the appropriate
authorities of the two Governments as soon as possible. With respect to any
of the bases listed in Annex B, an exact description with metes and bounds,
in conformity with the narrative description of such bases, will be agreed
upon if and when such bases are acquired by the United States.
Article II
MUTUAL COOPERATION
1. It is mutually agreed that the armed forces of the Philippines may
serve on United States bases and that the armed forces of the United States
may serve on Philippine military establishments whenever such conditions
appear beneficial as mutually determined by the armed forces of both
countries.
2. Joint outlined plans for the development of military bases in the Philip-
pines may be prepared by military authorities of the two Governments.
3. In the interest of international security any bases listed in Annexes A
and B may be made available to the Security Council of the United Nations
on its call by prior mutual agreement between the United States and the
Philippines.
Article III
DESCRIPTION OF RIGHTS
1. It is mutually agreed that the United States shall have the rights,
power and authority within the bases which are necessary for the establish-
ment, use, operation and defense thereof or appropriate for the control
thereof and all the rights, power and authority within the limits of territorial
waters and air space adjacent to, or in the vicinity of, the bases which are
necessary to provide access to them, or appropriate for their control.
2. Such rights, power and authority shall include, inter alia, the right,
power and authority :
(a) to construct (including dredging and filling), operate, maintain,
utilize, occupy, garrison and control the bases;
( b ) to impove and deepen the harbors, channels, entrances and anchor-
ages, and to construct or maintain necessary roads and bridges affording
access to the bases ;
58 PHILIPPINES
(c) to control (including the right to prohibit) in so far as may be re-
quired for the efficient operation and safety of the bases, and within the limits
of military necessity, anchorages, moorings, landings, takeoffs, movements
and operation of ships and waterborne craft, aircraft and other vehicles on
water, in the air or on land comprising or in the vicinity of the bases;
(d) the right to acquire, as may be agreed between the two Govern-
ments, such rights of way, and to construct thereon, as may be required for
military purposes, wire and radio communications facilities, including sub-
marine and subterranean cables, pipe lines and spur tracks from railroads to
bases, and the right, as may be agreed upon between the two Governments
to construct the necessary facilities;
(e) to construct, install, maintain, and employ on any base any type of
facilities, weapons, substance, device, vessel or vehicle on or under the ground,
in the air or on or under the water that may be requisite or appropriate, in-
cluding meteorological systems, aerial and water navigation lights, radio and
radar apparatus and electronic devices, of any desired power, type of emis-
sion and frequency.
3. In the exercise of the above-mentioned rights, power and authority,
the United States agrees that the powers granted to it will not be used un-
reasonably or, unless required by military necessity determined by the two
Governments, so as to interfere with the necessary rights of navigation, avia-
tion, communication, or land travel within the territories of the Philippines.
In the practical application outside the bases of the rights, power and author-
ity granted in this Article there shall be, as the occasion requires, consul-
tation between the two Governments.
Article IV
SHIPPING AND NAVIGATION
1. It is mutually agreed that United States public vessels operated
by or for the War or Navy Departments, the Coast Guard or the Coast and
Geodetic Survey, and the military forces of the United States, military and
naval aircraft and Government-owned vehicles, including armor, shall be
accorded free access to and movement between ports and United States
bases throughout the Philippines, including territorial waters, by land, air
and sea. This right shall include freedom from compulsory pilotage and all
toll charges. If, however, a pilot is taken, pilotage shall be paid for at appro-
priate rates. In connection with entrance into Philippine ports by United
States public vessels appropriate notification under normal conditions shall
be made to the Philippine authorities.
2. Lights and other aids to navigation of vessels and aircraft placed or
established in the bases and territorial waters adjacent thereto or in the
MILITARY BASES— MARCH 14, 1947 59
vicinity of such bases shall conform to the system in use in the Philippines.
The position, characteristics and any alterations in the lights or other aids
shall be communicated in advance to the appropriate authorities of the
Philippines.
3. Philippine commercial vessels may use the bases on the same terms and
conditions as United States commercial vessels.
4. It is understood that a base is not a part of the territory of the United
States for the purpose of coastwise shipping laws so as to exclude Philippine
vessels from trade between the United States and the bases.
Article V
EXEMPTION FROM CUSTOMS AND OTHER DUTIES
No import, excise, consumption or other tax, duty or impost shall be
charged on material, equipment, supplies or goods, including food stores
and clothing, for exclusive use in the construction, maintenance, operation
or defense of the bases, consigned to, or destined for, the United States au-
thorities and certified by them to be for such purposes.
Article VI
MANEUVER AND OTHER AREAS
The United States shall, subject to previous agreement with the Philip-
pines, have the right to use land and coastal sea areas of appropriate size
and location for periodic maneuvers, for additional staging areas, bombing
and gunnery ranges, and for such intermediate airfields as may be required
for safe and efficient air operations. Operations in such areas shall be carried
on with due regard and safeguards for the public safety.
Article VII
USE OF PUBLIC SERVICES
It is mutually agreed that the United States may employ and use for
United States military forces any and all public utilities, other services and
faculties, airfields, ports, harbors, roads, highways, railroads, bridges, via-
ducts, canals, lakes, rivers and streams in the Philippines under conditions
no less favorable than those that may be applicable from time to time to the
military forces of the Philippines.
Article VIII
HEALTH MEASURES OUTSIDE BASES
It is mutually agreed that the United States may construct, subject to
agreement by the appropriate Philippine authorities, wells, water catchment
areas or dams to insure an ample supply of water for all base operations and
60 PHILIPPINES
personnel. The United States shall likewise have the right, in cooperation
with the appropriate authorities of the Philippines, to take such steps as
may be mutually agreed upon to be necessary to improve health and sani-
tation in areas contiguous to the bases, including the right, under such con-
ditions as may be mutually agreed upon, to enter and inspect any privately
owned property. The United States shall pay just compensation for any
injury to persons or damage to property that may result from action taken
in connection with this Article.
Article IX
SURVEYS
It is mutually agreed that the United States shall have the right, after
appropriate notification has been given to the Philippines, to make topo-
graphic, hydrographic, and coast and geodetic surveys and aerial photo-
graphs in any part of the Philippines and waters adjacent thereto. Copies
with title and triangulation data of any surveys or photomaps made of the
Philippines shall be furnished to the Philippines.
Article X
CEMETERIES AND HISTORICAL SITES
1 . The United States shall have the right to retain and maintain such
United States military cemeteries and such sites of historical significance to
the United States as may be agreed upon by the two Governments. All rights,
power and authority in relation to bases granted under this Agreement
shall be applicable, in so far as appropriate, to the cemeteries and sites
mentioned in this Article.
2. Furthermore, it is recognized that there are certain cemeteries and
historical sites in the Philippines revered in the memory of the People of the
United States and of the Philippines, and it is therefore fitting that the
maintenance and improvement of such memorials be the common concern
of the two countries.
Article XI
IMMIGRATION
1. It is mutually agreed that the United States shall have the right to
bring into the Philippines members of the United States military forces and
the United States nationals employed by or under a contract with the United
States together with their families, and technical personnel of other nation-
alities (not being persons excluded by the laws of the Philippines) in con-
nection with the construction, maintenance, or operation of the bases. The
United States shall make suitable arrangements so that such persons may be
readily identified and their status established when necessary by the Phil-
MILITARY BASES— MARCH 14, 1947 61
ippine authorities. Such persons, other than members of the United States
armed forces in uniform, shall present their travel documents to the appro-
priate Philippine authorities for visas, it being understood that no objection
will be made to their travel to the Philippines as non-immigrants.
2. If the status of any person within the Philippines and admitted thereto
under the foregoing paragraph shall be altered so that he would no longer
be entitled to such admission, the United States shall notify the Philippines
and shall, if such person be required to leave the Philippines by the latter
Government, be responsible for providing him with a passage from the
Philippines within a reasonable time, and shall in the meantime prevent his
becoming a public responsibility of the Philippines.
Article XII
INTERNAL REVENUE TAX EXEMPTION
1 . No member of the United States armed forces, except Filipino citizens,
serving in the Philippines in connection with the bases and residing in the
Philippines by reason only of such service, or his dependents, shall be liable
to pay income tax in the Philippines except in respect of income derived from
Philippine sources.
2. No national of the United States serving in or employed in the Phil-
ippines in connection with the construction, maintenance, operation, or
defense of the bases and residing in the Philippines by reason only of such
employment, or his spouse and minor children and dependent parents of
either spouse, shall be liable to pay income tax in the Philippines except
in respect of income derived from Philippine sources or sources other than
the United States sources.
3. No person referred to in paragraphs 1 and 2 of this Article shall be
liable to pay to the Government or local authorities of the Philippines any
poll or residence tax, or any import or export duty, or any other tax on
personal property imported for his own use; provided that privately owned
vehicles shall be subject to payment of the following only : when certified as
being used for military purposes by appropriate United States authorities,
the normal license plate fee; otherwise, the normal license plate and
registration fees.
4. No national of the United States, or corporation organized under
the laws of the United States, resident in the United States, shall be liable to
pay income tax in the Philippines in respect of any profits derived under a
contract made in the United States with the Government of the United
States in connection with the construction, maintenance, operation and
defense of the bases, or any tax in the nature of a license in respect of any
service or work for the United States in connection with the construction,
maintenance, operation and defense of the bases.
62 PHILIPPINES
Article XIII 13
JURISDICTION
1. The Philippines consents that the United States shall have the right
to exercise jurisdiction over the following offenses :
(a) Any offense committed by any person within any base except where
the offender and offended parties are both Philippine citizens (not members
of the armed forces of the United States on active duty) or the offense is
against the security of the Philippines;
(b) Any offense committed outside the bases by any member of the
armed forces of the United States in which the offended party is also a mem-
ber of the armed forces of the United States; and
(c) Any offense committed outside the bases by any member of the
armed forces of the United States against the security of the United States.
2. The Philippines shall have the right to exercise jurisdiction over all
other offenses committed outside the bases by any member of the armed
forces of the United States.
3. Whenever for special reasons the United States may desire not to
exercise the jurisdiction reserved to it in paragraphs 1 and 6 of this Article,
the officer holding the offender in custody shall so notify the fiscal (prosecut-
ing attorney) of the city or province in which the offense has been committed
within ten days after his arrest, and in such a case the Philippines shall exercise
jurisdiction.
4. Whenever for special reasons the Philippines may desire not to exercise
the jurisdiction reserved to it in paragraph 2 of this Article, the fiscal (pros-
ecuting attorney) of the city or province where the offense has been com-
mitted shall so notify the officer holding the offender in custody within ten
days after his arrest, and in such a case the United States shall be free to
exercise jurisdiction. If any offense falling under paragraph 2 of this Article
is committed by any member of the armed forces of the United States
(a) while engaged in the actual performance of a specific military duty,
or
(b) during a period of national emergency declared by either Govern-
ment and the fiscal (prosecuting attorney) so finds from the evidence, he
shall immediately notify the officer holding the offender in custody that the
United States is free to exercise jurisdiction. In the event the fiscal (prosecut-
ing attorney) finds that the offense was not committed in the actual perform-
ance of a specific military duty, the offender's commanding officer shall have
the right to appeal from such finding to the Secretary of Justice within ten
days from the receipt of the decision of the fiscal and the decision of the Secre-
tary of Justice shall be final.
"For an amendment of art. XIII, see agreement of Aug. 10, 1965 (16 UST 1090;
TIAS 5851).
MILITARY BASES— MARCH 14, 1947 63
5. In all cases over which the Philippines exercises jurisdiction the
custody of the accused, pending trial and final judgment, shall be entrusted
without delay to the commanding officer of the nearest base, who shall
acknowledge in writing that such accused has been delivered to him for
custody pending trial in a competent court of the Philippines and that he
will be held ready to appear and will be produced before said court when
required by it. The commanding officer shall be furnished by the fiscal
(prosecuting attorney) with a copy of the information against the accused
upon the filing of the original in the competent court.
6. Notwithstanding the foregoing provisions, it is mutually agreed that
in time of war the United States shall have the right to exercise exclusive
jurisdiction over any offenses which may be committed by members of the
armed forces of the United States in the Philippines.
7. The United States agrees that it will not grant asylum in any of the
bases to any person fleeing from the lawful jurisdiction of the Philippines.
Should any such person be found in any base, he will be surrendered on de-
mand to the competent authorities of the Philippines.
8. In every case in which jurisdiction over an offense is exercised by the
United States, the offended party may institute a separate civil action against
the offender in the proper court of the Philippines to enforce the civil liability
which under the laws of the Philippines may arise from the offense.
Article XIV
ARREST AND SERVICE OF PROCESS
1. No arrest shall be made and no process, civil or criminal, shall be
served within any base except with the permission of the commanding officer
of such base ; but should the commanding officer refuse to grant such permis-
sion he shall (except in cases of arrest where the United States has jurisdic-
tion under Article XIII) forthwith take the necessary steps to arrest the
person charged and surrender him to the appropriate authorities of the
Philippines or to serve such process, as the case may be, and to provide the
attendance of the server of such process before the appropriate court in the
Philippines or procure such server to make the necessary affidavit or declara-
tion to prove such service as the case may require.
2. In cases where the service courts of the United States have jurisdiction
under Article XIII, the appropriate authorities of the Philippines will, on
request, give reciprocal facilities as regards the service of process and the
arrest and surrender of alleged offenders.
Article XV
SECURITY LEGISLATION
The Philippines agrees to take such steps as may from time to time be
agreed to be necessary with a view to the enactment of legislation to insure
64 PHILIPPINES
the adequate security and protection of the United States bases, equipment
and other property and the operations of the United States under this Agree-
ment, and the punishment of persons who may contravene such legislation.
It is mutually agreed that appropriate authorities of the two Governments
will also consult from time to time in order to insure that laws and regulations
of the United States and of the Philippines in relation to such matters shall,
so far as may be possible, be uniform in character.
Article XVI
POSTAL FACILITIES
It is mutually agreed that the United States shall have the right to estab-
lish and maintain United States post offices in the bases for the exclusive
use of the United States armed forces, and civilian personnel who are
nationals of the United States and employed in connection with the con-
struction, maintenance, and operation of the bases, and the families of such
persons, for domestic use between United States post offices in the bases
and between such post offices and other United States post offices. The
United States shall have the right to regulate and control within the bases
all communications within, to and from such bases.
Article XVII
REMOVAL OF IMPROVEMENTS
1. It is mutually agreed that the United States shall have the right to
remove or dispose of any or all removable improvements, equipment or
facilities located at or on any base and paid for with funds of the United
States. No export tax shall be charged on any material or equipment so
removed from the Philippines.
2. All buildings and structures which are erected by the United States
in the bases shall be the property of the United States and may be removed
by it beiore the expiration of this Agreement or the earlier relinquishment
of the base on which the structures are situated. There shall be no obligation
on the part of the United States or of the Philippines to rebuild or repair
any destruction or damage inflicted from any cause whatsoever on any of
the said buildings or structures owned or used by the United States in the
bases. The United States is not obligated to turn over the bases to the Philip-
pines at the expiration of this Agreement or the earlier relinquishment of any
bases in the condition in which they were at the time of their occupation,
nor is the Philippines obliged to make any compensation to the United States
for the improvements made in the bases or for the buildings or structures
left thereon, all of which shall become the property of the Philippines upon
MILITARY BASES— MARCH 14, 1947 65
the termination of the Agreement or the earlier relinquishment by the United
States of the bases where the structures have been built.
Article XVIII
SALES AND SERVICES WITHIN THE BASES
1. It is mutually agreed that the United States shall have the right to
establish on bases, free of all licenses; fees; sales, excise or other taxes, or
imposts; Government agencies, including concessions, such as sales com-
missaries and post exchanges, messes and social clubs, for the exclusive use
of the United States military forces and authorized civilian personnel and
their families. The merchandise or services sold or dispensed by such agencies
shall be free of all taxes, duties and inspection by the Philippine authorities.
Administrative measures shall be taken by the appropriate authorities of
the United States to prevent the resale of goods which are sold under the
provisions of this Article to persons not entitled to buy goods at such agencies
and, generally, to prevent abuse of the privileges granted under this Article.
There shall be cooperation between such authorities and the Philippines
to this end.
2. Except as may be provided in any other agreements, no person shall
habitually render any professional services in a base except to or for the
United States or to or for the persons mentioned in the preceding paragraph.
No business shall be established in a base, it being understood that the Gov-
ernment agencies mentioned in the preceding paragraph shall not be regarded
as businesses for the purposes of this Article.
Article XIX
COMMERCIAL CONCERNS
It is mutually agreed that the United States shall have the right, with
the consent of the Philippines, to grant to commercial concerns owned or
controlled by the citizens of the United States or of the Philippines such
rights to the use of any base or facility retained or acquired by the United
States as may be deemed appropriate by both Governments to insure the
development and maintenance for defense purposes of such bases and
facilities.
Article XX
MILITARY OR NAVAL POLICE
It is mutually agreed that there shall be close cooperation on a reciprocal
basis between the military and naval police forces of the United States and
the police forces of the Philippines for the purpose of preserving order and
discipline among United States military and naval personnel.
66 PHILIPPINES
Article XXI
TEMPORARY INSTALLATIONS
1 . It is mutually agreed that the United States shall retain the right to
occupy temporary quarters and installations now existing outside the bases
mentioned in Annex A and Annex B, for such reasonable time, not exceeding
two years,14 as may be necessary to develop adequate facilities within the
bases for the United States armed forces. If circumstances require an extension
of time, such a period will be fixed by mutual agreement of the two Govern-
ments; but such extension shall not apply to the existing temporary quarters
and installations within the limits of the City of Manila and shall in no
case exceed a period of three years.
2. Notwithstanding the provisions of the preceding paragraph, the Port
of Manila reservation with boundaries as of 1941 will be available for use to
the United States armed forces until such time as other arrangements can be
made for supply of the bases by mutual agreement of the two Governments.
3. The terms of this Agreement pertaining to bases shall be applicable to
temporary quarters and installations referred to in paragraph 1 of this Article
while they are so occupied by the armed forces of the United States; provided,
that offenses committed within the temporary quarters and installations
located within the present limits of the City of Manila shall not be considered
as offenses within the bases but shall be governed by the Provisions of Article
XIII, paragraphs 2 and 4, except that the election not to exercise the juris-
diction reserved to the Philippines shall be made by the Secretary of Justice.
It is agreed that the United States shall have full use and full control of all
these quarters and installations while they are occupied by the armed forces
of the United States, including the exercise of such measures as may be
necessary to police said quarters for the security of the personnel and property
therein.
Article XXII
CONDEMNATION OR EXPROPRIATION
1 . Whenever it is necessary to acquire by condemnation or expropriation
proceedings real property belonging to any private persons, associations or
corporations located in bases named in Annex A and Annex B in order to
carry out the purposes of this Agreement, the Philippines will institute and
prosecute such condemnation or expropriation proceedings in accordance
with the laws of the Philippines. The United States agrees to reimburse the
Philippines for all the reasonable expenses, damages and costs thereby in-
curred, including the value of the property as determined by the Court. In
addition, subject to the mutual agreement of the two Governments, the
United States will reimburse the Philippines for the reasonable costs of trans-
11 For a modus vivendi extending the right of occupancy for an interim period, see
agreement of March 26 and 28, 1949, post, p. 171. For subsequent extension of the term
of occupancy, see agreement of May 14 and 16, 1949 (TIAS 1967), post, p. 175.
MILITARY BASES— MARCH 14, 1947 67
portation and removal of any occupants displaced or ejected by reason of the
condemnation or expropriation.
2. Prior to the completion of such condemnation or expropriation pro-
ceedings, in cases of military necessity the United States shall have the right to
take possession of such property required for military purposes as soon as
the legal requisites for obtaining possession have been fulfilled.
3. The properties acquired under this Article shall be turned over to the
Philippines upon the expiration of this Agreement, or the earlier relinquish-
ment of such properties, under such terms and conditions as may be agreed
upon by the two Governments.
Article XXIII
CIVIL LIABILITY
For the purpose of promoting and maintaining friendly relations by the
prompt settlement of meritorious claims, the United States shall pay just and
reasonable compensation, when accepted by claimants in full satisfaction
and in final settlement, for claims, including claims of insured but excluding
claims of subrogees, on account of damage to or loss or destruction of private
property, both real and personal, or personal injury or death of inhabitants
of the Philippines, when such damage, loss, destruction or injury is caused
by the armed forces of the United States, or individual members thereof,
including military or civilian employees thereof, or otherwise incident to
non-combat activities of such forces; provided that no claim shall be con-
sidered unless presented within one year after the occurrence of the accident
or incident out of which such claim arises.
Article XXIV
MINERAL RESOURCES
All minerals (including oil), and antiquities and all rights relating thereto
and to treasure trove, under, upon, or connected with the land and water
comprised in the bases or otherwise used or occupied by the United States by
virtue of this Agreement, are reserved to the Government and inhabitants of
the Philippines; but no rights so reserved shall be transferred to third parties,
or exercised within the bases, without the consent of the United States. The
United States shall negotiate with the proper Philippine authorities for the
quarrying of rock and gravel necessary for construction work on the bases.
Article XXV
GRANT OF BASES TO A THIRD POWER
1. The Philippines agrees that it shall not grant, without prior consent
of the United States, any bases or any rights, power, or authority what-
soever, in or relating to bases, to any third power.
2. It is further agreed that the United States shall not, without the
68 PHILIPPINES
consent of the Philippines, assign, or underlet, or part with the possession
of the whole or any part of any base, or of any right, power or authority
granted by this Agreement, to any third power.
Article XXVI
DEFINITION OF BASES
For the purposes of this Agreement, bases are those areas named in
Annex A and Annex B and such additional areas as may be acquired for
military purposes pursuant to the terms of this Agreement.
Article XXVII
VOLUNTARY ENLISTMENT OF PHILIPPINE CITIZENS
It is mutually agreed that the United States shall have the right to recruit
citizens of the Philippines for voluntary enlistment into the United States
armed forces for a fixed term of years, and to train them and to exercise
the same degree of control and discipline over them as is exercised in the
case of other members of the United States armed forces. The number of
such enlistments to be accepted by the armed forces of the United States
may from time to time be limited by agreement between the two
Governments.
Article XXVIII
UNITED STATES RESERVE ORGANIZATIONS
It is mutually agreed that the United States shall have the right to enroll
and train all eligible United States citizens residing in the Philippines in
the Reserve organizations of the armed forces of the United States, which
include the Officers Reserve Corps and the Enlisted Reserve Corps, except
that prior consent of the Philippines shall be obtained in the case of such
persons who are employed by the Philippines or any Municipal or Provin-
cial Government thereof.
Article XXIX15
TERM OF AGREEMENT
The present Agreement shall enter into force upon its acceptance 16 by
the two Governments and shall remain in force for a period of ninety-nine
years subject to extension thereafter as agreed by the two Governments.
"For an amendment of art. XXIX, see agreement of Sept. 16, 1966 (17 UST 1212;
TIAS 6084).
"In a note of June 16, 1947, the American Charge d' Affaires ad interim at Manila
informed the Acting Secretary of Foreign Affairs of the Republic of the Philippines that
"the Government of the United States of America considers that the signature affixed
to the Agreement in its behalf constitutes the acceptance of the Agreement by the Govern-
ment of the United States of America." In a note of Jan. 24, 1948, the Secretary of
Foreign Affairs of the Republic of the Philippines informed the American Ambassador
at Manila that "the Government of the Republic of the Philippines accepts the Agreement
as of March 26, 1947, pursuant to a formal instrument of acceptance and ratification
of said Agreement signed by the President of the Philippines on January 21, 1948. . . ."
MILITARY BASES— MARCH 14, 1947 69
Signed in Manila, Philippines, in duplicate this fourteenth day of March,
nineteen hundred and forty-seven.
On behalf of the Government of the United States of America:
Paul V. McNutt [seal]
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to
the Republic of the Philippines
On behalf of the Government of the Republic of the Philippines :
Manuel Roxas [seal]
President of the Philippines
ANNEX a
Clark Field Air Base, Pampanga.
Fort Stotsenberg, Pampanga.
Mariveles Military Reservation, POL Terminal and Training Area, Bataan.
Camp John Hay Leave and Recreation Center, Baguio.
Army Communications System with the deletion of all stations in the Port of
Manila Area.
United States Armed Forces Cemetery No. 2, San Francisco del Monte, Rizal.
Angeles General Depot, Pampanga.
Leyte-Samar Naval Base including shore installations and air bases.
Subic Bay, Northwest Shore Naval Base, Zambales Province, and the exist-
ing Naval reservation at Olongapo and the existing Baguio Naval
Reservation.
Tawi Tawi Naval Anchorage and small adjacent land areas.
Canacao-Sangley Point Navy Base, Cavite Province.
Bagobantay Transmitter Area, Quezon City, and associated radio receiving
and control sites, Manila Area.
Tarumpitao Point (Loran Master Transmitter Station), Palawan.
Talampulan Island, Coast Guard #354 (Loran), Palawan.
Naule Point (Loran Station), Zambales.
Castillejos, Coast Guard #356, Zambales.
ANNEX B
Mactan Island Army and Navy Air Base.
Florida Blanca Air Base, Pampanga.
Aircraft Service Warning Net.
Camp Wallace, San Fernando, La Union.
Puerto Princesa Army and Navy Air Base, including Navy Section Base and
Air Warning Sites, Palawan.
70 PHILIPPINES
Tawi Tawi Naval Base, Sulu Archipelago.
Aparri Naval Air Base.
Exchanges of Notes
The American Ambassador to the Secretary of Foreign Affairs
Embassy of the
United States of America
March 14, 1947
Excellency:
I have the honor to state, in signing the Agreement of March 14, 1947,
Between the United States of America and the Republic of the Philippines
Concerning Military Bases, the understanding of my Government that the
question of the adjustment of any rights and titles held by the United States
pursuant to the provisions of the Act of Congress of March 24, 1934 (48
Stat. 456) as amended, specifically Section 10(b) thereof, the Joint Resolu-
tion of the Congress of June 29, 1944, and the Act of Congress of July 3,
1946, and Treaties and Agreements heretofore entered into between the
United States and the Philippines, to real property in any of the bases covered
by the aforementioned Agreement or any naval reservations or fueling sta-
tions not so covered is reserved and will be settled subsequently in accordance
with the terms of the Acts and Joint Resolution of the Congress mentioned
above.
I should be appreciative if I might be informed of the concurrence of
Your Excellency's Government with the understanding above set forth.
Accept, Excellency, the renewed assurances of my highest consideration.
Paul V. McNutt
His Excellency
Elpddio Quirino
Secretary of Foreign Affairs for the
Republic of the Philippines
The Secretary of Foreign Affairs to the American Ambassador
ippines
r AFFAIRS
Manila, March 14, 1947
republic of the philippines
department of foreign affairs
Excellency :
With reference to Your Excellency's note of March 14, 1947, the sub-
stantive paragraph of which reads :
[For text, see above.]
I have the honor to state that, without conceding the existence of any rights
MILITARY BASES— MARCH 14, 1947 71
or titles to the real property therein referred to, my Government concurs with
the understanding above set forth.
Accept, Excellency, the renewed assurances of my highest consideration.
Elpidio Quirino
Vice-President and concurrently
Secretary of Foreign Affairs
His Excellency
Paul V. McNutt
United States Ambassador
Manila
The American Ambassador to the Secretary of Foreign Affairs
Embassy of the
United States of America
March 14, 1947
Excellency:
I have the honor to state in signing the Agreement of March 14, 1947
Between the United States of America and the Republic of the Philippines
Concerning Military Bases, the understanding of my Government that the
garrisoning and development of the said bases shall be the concern of the
Government of the United States of America.
I shall be appreciative if I may be informed of the concurrence of Your
Excellency's Government with the understanding above set forth.
Accept, Excellency, the renewed assurances of my highest consideration.
Paul V. McNutt
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs for the
Republic of the Philippines
The Secretary of Foreign Affairs to the American Ambassador
PINES
FFAIRS
Manila, March 14, 1947
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
Excellency:
In reply to your note of even date regarding the garrisoning and develop-
ment of the bases covered by the Agreement of March 14, 1947, between the
72 PHILIPPINES
Republic of the Philippines and the United States of America concerning
military bases, I have the honor to state that it is the understanding of my
Government that the question of garrisoning and development of said bases
shall be the concern of the Government of the United States.
Accept, Excellency, the renewed assurances of my highest consideration.
Elpidio Quirino
Vice-President and concurrently
Secretary of Foreign Affairs
His Excellency
Paul V. McNutt
American Ambassador to the Philippines
Manila
The Secretary of Foreign Affairs to the American Ambassador
PHILIPPINES
EIGN AFFAIRS
Manila, March 12[14], 1947
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
Excellency:
In the signing of the Agreement on March 14, 1947, between the Republic
of the Philippines and the United States of America concerning military
bases, I have the honor to state that it is the understanding of my Govern-
ment that the existing national and provincial and other rights of way of the
Republic of the Philippines running through the bases covered in Annex A
and Annex B of the Agreement, more particularly the national road running
through Camp John Hay and the naval reservation at Baguio, shall continue
to be used as such by the public and that this understanding shall be ad-
ministratively brought about in the enforcement of said Agreement.
I will highly appreciate it, therefore, if I can be informed of the concur-
rence of Your Excellency's Government with the understanding set forth
above.
Accept, Excellency, the renewed assurances of my highest consideration.
Elpidio Quirino
Vice-President and concurrently
Secretary of Foreign Affairs
His Excellency
Paul V. McNutt
United States Ambassador
Manila
MILITARY BASES— MARCH 14, 1947 73
The American Ambassador to the Secretary of Foreign Affairs
Embassy of the
United States of America
March 14, 1947
Excellency:
With reference to Your Excellency's note of March 14, 1947, the sub-
stantive paragraph of which reads :
[For text, see above.]
I have the honor to state that without conceding the existence of any national
or provincial or other rights of way of the Republic of the Philippines run-
ning through any of the bases covered in Annex A and Annex B of the Agree-
ment and subject to such adjustments in rights of way as may be required
by military necessity in accordance with paragraph 3 of Article III, my Gov-
ernment concurs with the understanding above set forth.
Accept, Excellency, the renewed assurances of my highest consideration.
Paul V. McNutt
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs for the
Republic of the Philippines
CONSULAR RELATIONS
Convention signed at Manila March 14, 1947
Senate advice and consent to ratification April 14, 1948
Ratified by the President of the United States May 25, 1948
Ratified by the Philippines October 19, 1948
Ratifications exchanged at Manila November 18, 1948
Entered into force November 18, 1948
Proclaimed by the President of the United States November 26, 1948
62 Stat. 1593; Treaties and Other
International Acts Series 1741
Consular Convention Between the United States of America and
the Republic of the Philippines
The President of the United States of America, and the President of the
Philippines, being desirous of defining the rights, privileges, exemptions and
immunities of consular officers of each country in the territories of the other
country, have decided to conclude a convention for that purpose and have
appointed as their plenipotentiaries :
The President of the United States of America:
His Excellency Paul V. McNutt, Ambassador of the United States of
America, and
The President of the Philippines :
His Excellency Elpidio Querino, Vice President and concurrently
Secretary of Foreign Affairs of the Republic of the Philippines
Who, having communicated to each other their respective full powers,
found to be in good and due form, have agreed on the following Articles :
Article I
1. The Government of each High Contracting Party shall, in respect of
any consular officer duly commissioned by it to exercise consular functions
in the territories of the other High Contracting Party, give written notice to
the Government of such other High Contracting Party of the appointment
of such consular officer and shall request that recognition be accorded to such
consular officer. The Government of each High Contracting Party shall
74
CONSULAR RELATIONS— MARCH 14, 1947 75
furnish free of charge the necessary exequatur of any consular officer of the
other High Contracting Party who presents a regular commission signed by
the Chief Executive of the appointing country and under its great seal, and
shall issue to a subordinate or substitute consular officer who is duly appointed
by an accepted superior consular officer or by any other competent officer
of his Government, such documents as according to the laws of the respective
High Contracting Parties shall be requisite for the exercise by the appointee
of the consular function; provided in either case that the person applying
for an exequatur or other document is found acceptable.
2. Consular officers of each High Contracting Party shall, after enter-
ing upon their duties, enjoy reciprocally in the territories of the other High
Contracting Party rights, privileges, exemptions and immunities no less favor-
able in any respect than the rights, privileges, exemptions and immunities
which are enjoyed by consular officers of the same grade of any third coun-
try and in conformity with modern international usage. As official agents,
such officers shall be entitled to the high consideration of all officials, na-
tional, state, provincial or municipal, with whom they have official inter-
course in the territories of the High Contracting Party which receives them.
It is understood that the term "consular officers", as used in the present
Convention, includes consuls general, consuls and vice consuls who are not
honorary.
3. Upon the death, incapacity, or absence of a consular officer having no
subordinate consular officer at his post, any secretary, chancellor or assistant,
whose official character as an employee in the consulate may previously
have been made known to the Government of the High Contracting Party
in whose territories the consular function was exercised, may temporarily
exercise the consular functions of the deceased or incapacitated or absent
consular officer; and while so acting shall enjoy all the rights, privileges,
exemptions and immunities that were granted to the consular officer.
4. A consular officer or a diplomatic officer of either High Contracting
Party, a national of the country by which he is appointed and duly com-
missioned or accredited, may, in the territories of the other High Contract-
ing Party, have the rank also of a diplomatic officer or consular officer, as
the case may be, it being understood that permission for him to exercise
such dual functions shall have been duly granted by the Government of
the High Contracting Party in the territories of which he exercises his
functions.
Article II
1. Consular officers, nationals of the High Contracting Party by which
they are appointed, and not engaged in any private occupations for gain
within the territories of the country in which they exercise their functions,
shall be exempt from arrest in such territories except when charged with the
76 PHILIPPINES
commission of an offense designated by local legislation as a crime other than
a misdemeanor and subjecting the individual guilty thereof to punishment
by imprisonment. Such officers shall be exempt from military billetings, and
from service of any military or naval, administrative or police character
whatsoever, and the exemptions provided for by this sentence shall apply
equally to employees in a consulate who are nationals of the High Con-
tracting Party by which they are employed, and not engaged in any private
occupation for gain.
2. In criminal cases the attendance at court by a consular officer as
witness may be demanded by the plaintiff, the defense or the court. The
demand shall be made with all possible respect for the consular dignity
and the duties of the office, and when so made there shall be compliance
on the part of the consular officer.
3. In civil cases, consular officers shall be subject to the jurisdiction of
the courts in the territories of the High Contracting Party which receives
them. When the testimony of a consular officer who is a national of the High
Contracting Party which appoints him and who is not engaged in any
private occupation for gain is taken in civil cases, it shall be taken orally
or in writing at his residence or office and with due regard for his conveni-
ence. The officer should, however, voluntarily give his testimony at court
whenever it is possible to do so without serious interference with his official
duties.
4. Consular officers and employees in a consulate shall not be required to
testify in criminal or civil cases, regarding acts performed by them in their
official capacity.
Article III
1. The Government of each High Contracting Party shall have the
right to acquire and hold, lease and occupy land and buildings required
for diplomatic or consular purposes in the territories of the other High Con-
tracting Party, and shall have the right to erect buildings on land which is
held by or on behalf of such Government in the territories of the other
High Contracting Party for diplomatic or consular purposes, subject to local
building regulations.
2. No tax of any kind, national, state, provincial or municipal, shall be
levied in the territories of either High Contracting Party on the Govern-
ment of the other High Contracting Party, or on any officer or employee of
such other High Contracting Party, in respect of land or buildings acquired,
leased, or occupied by such other High Contracting Party and used exclu-
sively for the conduct of official business, except assessments levied for serv-
ices or local public improvements by which the premises are benefited, pro-
vided the right of each High Contracting Party to tax the owner of property
leased to the other High Contracting Party is not hereby abridged.
CONSULAR RELATIONS— MARCH 14, 1947 77
Article IV
Consular officers and employees in a consulate, nationals of the High
Contracting Party by which they are appointed or employed, and not engaged
in any private occupation for gain within the territories in which they exercise
their functions, shall be exempt from all taxes, national, state, provincial
and municipal, levied on their persons or property, except taxes levied on
account of the possession or ownership of immovable property situated within
the territories in which they exercise their functions or taxes levied on account
of income derived from property of any kind situated within such territories.
Consular officers and employees in a consulate, nationals of the High Con-
tracting Party by which they are appointed or employed, shall be exempt
from the payment of all taxes, national, state, provincial and municipal, on
the salaries, allowances, fees or wages received by them in compensation for
consular services.
Article V
1 . All furniture, equipment and supplies intended for official use in the
consular offices and official consular residences of either High Contracting
Party in the territories of the other High Contracting Party shall be permitted
entry into such territories free of all duty.
2. Consular officers of either High Contracting Party and members
of their families and suites, including employees in a consulate and their
families, shall be exempt from the payment of any duty in respect of the
entry into the territories of the other High Contracting Party of their baggage
and all other personal property, whether preceding or accompanying them
to a consular post, either upon first arrival or upon subsequent arrivals, or
imported at any time while assigned to or employed at such post.
3 . It is understood, however,
(a) that the exemptions provided in paragraph 2 of this Article shall
not be extended to consular officers and members of their suites, including
employees in a consulate, who are not nationals of the High Contracting
Party by which they are appointed or employed, or who are engaged in any
private occupation for gain within the territories of the other High Contract-
ing Party;
(b) that in the case of each consignment of articles imported for the
personal use of consular officers or members of their families or suites, includ-
ing employees in a consulate and their families, at any time during their
official residence within the territories in which they exercise their functions,
a request for entry free of duty shall be made through diplomatic channels;
and
(c) that nothing herein shall be construed to permit the entry into
the territory of either High Contracting Party of any article the importation of
which is specifically prohibited by law.
78 PHILIPPINES
Article VI
1. Consular officers of either High Contracting Party may place over
the outer door of their respective offices the arms of their country with an
appropriate inscription designating the nature of the office, and they may
place the coat of arms and fly the flag of their country on automobiles
employed by them in the exercise of their consular functions. Such officers
may also fly the flag of their country on their offices, including those situated
in the capitals of the respective countries. They may likewise fly such flag over
any boat, vessel, or aircraft employed in the exercise of their consular functions.
2. The quarters where consular business is conducted, all consular corre-
spondence in transit under official seal, and all papers, records, and corre-
spondence comprising the consular archives shall at all times be inviolable
and under no pretext shall any authorities of any character of the country in
which such quarters or archives are located invade such premises or make
any examination or seizure of papers or other property in such quarters or
of such archives. When the consular officers are engaged in business within
the territories in which they exercise their functions, the consular files and
documents shall be kept in a place entirely separate from the place where
private or business papers are kept. Consular offices shall not be used as places
of asylum. No consular officer shall be required to produce official archives in
court or to testify as to their contents.
Article VII
1 . Consular officers of either High Contracting Party shall have the right,
within their respective consular districts, to apply to or address the author-
ities, national, state, provincial, or municipal, for the purpose of protecting
the nationals of the High Contracting Party by which they were appointed
in the enjoyment of rights accruing by treaty or otherwise. Complaint may
be made for the infraction of those rights. Failure upon the part of the proper
authorities to grant redress or to accord protection shall justify interposition
through the diplomatic channel, and in the absence of a diplomatic repre-
sentative, a consul general or the consular officer stationed at the capital
shall have the right to apply directly to the Government of the country.
2. Consular officers of either High Contracting Party shall, within their
respective districts, have the right to interview, to communicate with, and to
advise nationals of their country; to inquire into any incidents which have
occurred affecting the interest of such nationals ; and to assist such nationals
in proceedings before or relations with authorities in the territories of the
other High Contracting Party. Consular officers of either High Contracting
Party shall be informed immediately whenever nationals of their country
are under detention or arrest or in prison or are awaiting trial in their consular
CONSULAR RELATIONS— MARCH 14, 1947 79
districts and they shall, upon notification to the appropriate authorities, be
permitted without delay to visit and communicate with any such national.
3. Nationals of either High Contracting Party in the territories of the
other High Contracting Party shall have the right at all times to com-
municate with the consular officers of their country. Communications to
their consular officers from nationals of either High Contracting Party who
are under detention or arrest or in prison or are awaiting trial in the territories
of the other High Contracting Party shall be forwarded without delay to such
consular officers by the local authorities.
Article VIII
1 . Consular officers in pursuance of the laws of their respective countries
shall have the right, within their respective consular districts:
(a) To take and attest the oaths, affirmations or depositions of any oc-
cupant of a vessel of their country, or of any national of their country, or of
any person having permanent residence within the territories of their country;
( b ) To authenticate signatures ;
(c) To draw up, attest, certify and authenticate unilateral acts, trans-
lations, deeds, testamentary dispositions and contracts of the nationals of the
High Contracting Party by which the consular officers are appointed ; and
(d) To draw up, attest, certify, and authenticate unilateral acts, deeds,
contracts, testamentary dispositions and written instruments of any kind,
which are intended to have application, execution and legal effect principally
in the territories of the High Contracting Party by which the consular officers
are appointed.
2. Instruments and documents thus executed and copies and translations
thereof, when duly authenticated by the consular officer, under his official
seal, shall be received as evidence in the territories of either High Contracting
Party as original documents or authenticated copies, as the case may be, and
shall have the same force and effect as if drawn by or executed before a
notary or other public officer duly authorized in the territories of the High
Contracting Party by which the consular officer was appointed; provided,
always, that such documents shall have been drawn and executed in con-
formity with the laws and regulations of the country where they are designed
to take effect.
Article IX
1. In case of the death of a national of either High Contracting Party
in the territories of the other High Contracting Party, without having in the
locality of his decease any known heirs or testamentary executors by him
appointed, the competent local authorities shall at once inform the nearest
consular officer of the High Contracting Party of which the deceased was
a national of the fact of his death, in order that necessary information may
be forwarded to the persons concerned.
308-582—73 -7
80 PHILIPPINES
2. In case of the death of a national of either High Contracting Party
in the territories of the other High Contracting Party, without will or testa-
ment whereby he has appointed a testamentary executor, the consular officer
of the High Contracting Party of which the deceased was a national and
within whose district the deceased made his home at the time of death, shall,
so far as the laws of the country permit and pending the appointment of an
administrator and until letters of administration have been granted, be
deemed qualified to take charge of the property left by the decedent for the
preservation and protection of such property. Such consular officer shall have
the right to be appointed as administrator within the discretion of a court or
other agency controlling the administration of estates, provided the laws
governing administration of the estate so permit.
3. Whenever a consular officer accepts the office of administrator of the
estate of a deceased countryman, he subjects himself in that capacity to the
jurisdiction of the court or other agency making the appointment for all
necessary purposes to the same extent as if he were a national of the High
Contracting Party by which he has been received.
Article X
1. A consular officer of either High Contracting Party shall within his
district have the right to appear personally or by authorized representative
in all matters concerning the administration and distribution of the estate
of a deceased person under the jurisdiction of the local authorities, for all
such heirs or legatees in the estate, either minors or adults, as may be non-
residents of the country and nationals of the High Contracting Party by
which the consular officer was appointed, unless such heirs or legatees have
appeared, either in person or by duly authorized representatives.
2. A consular officer of either High Contracting Party shall have the
right, on behalf of the non-resident nationals of the High Contracting Party
by which he was appointed, to collect and receipt for their distributive
shares derived from estates in process of probate or accruing under the
provisions of workmen's compensation laws or other like statutes, for trans-
mission through channels prescribed by his Government to the proper dis-
tributees, provided that the court or other agency making distribution through
him may require him to furnish reasonable evidence of the remission of
the funds to the distributees, it being understood that his responsibility with
respect to remission of such funds shall cease when such evidence has been
furnished by him to and accepted by such court or other agency.
Article XI
1 . A consular officer of either High Contracting Party shall have exclu-
sive jurisdiction over controversies arising out of the internal order of private
vessels of his country and shall alone exercise jurisdiction in situations,
CONSULAR RELATIONS— MARCH 14, 1947 81
wherever arising, between officers and crews, pertaining to the enforcement
of discipline on board, provided the vessel and the persons charged with
wrong-doing shall have entered the territorial waters or territories within his
consular district. Consular officers shall also have jurisdiction over issues
concerning the adjustment of wages of the crews and the execution of con-
tracts relating to their wages or conditions of employment, provided the local
laws so permit.
2. When acts committed on board private vessels of the country by which
the consular officer has been appointed and within the territories or the
territorial waters of the High Contracting Party by which he has been
received, constitute crimes according to the laws of the receiving country,
subjecting the persons guilty thereof to punishment by a sentence of death
or of imprisonment for a period of at least one year, the consular officer
shall not exercise jurisdiction except in so far as he is permitted to do so
by the laws of the receiving country.
3. A consular officer shall have the right freely to invoke the assistance
of the local police authorities in all matters pertaining to the maintenance
of internal order on board vessels of his country within the territories or
the territorial waters of the country by which he has been received, and upon
such request the requisite assistance shall be given promptly.
4. A consular officer shall have the right to appear with the officers and
crews of vessels of his country before the judicial authorities of the country
by which he has been received for the purpose of observing proceedings
or of rendering assistance as an interpreter or agent.
Article XII
1. A consular officer of either High Contracting Party shall have the
right to inspect within the ports of the other High Contracting Party within
his consular district, the private vessels of any flag destined to and about
to clear for the ports of his country, for the sole purpose of observing the
sanitary conditions and measures taken on board such vessels, in order that
he may be enabled thereby to execute intelligently bills of health and other
documents required by the laws of his country, and to inform his Govern-
ment concerning the extent to which its sanitary regulations have been
observed at ports of departure by vessels destined to its ports, with a view to
facilitating entry of such vessels.
2. In exercising the right conferred upon them by this Article, consular
officers shall act with all possible dispatch and without unnecessary delay.
Article XIII
1. All proceedings relative to the salvage of vessels of either High Con-
tracting Party wrecked upon the coasts of the other High Contracting Party
shall be directed by the consular officer of the country to which the vessel
82 PHILIPPINES
belongs and within whose district the wreck may have occurred, or by
some other person authorized for such purpose by the law of such country
and whose identity and authority shall be made known to the local author-
ities by the consular officer.
2. The local authorities of the country where the wreck has occurred
shall immediately inform the consular officer, or such other authorized per-
son, of the occurrence. Pending the arrival of the consular officer or such
other authorized person, the local authorities shall take all necessary measures
for the protection of persons and the preservation of the wrecked property.
The local authorities shall intervene only to maintain order, to protect the
interests of the salvors, if the salvors do not belong to the crew of the wrecked
vessel, and to ensure the execution of the arrangements which shall be made
for the entry and exportation of the salvaged merchandise and equipment.
It is understood that such merchandise and equipment shall not be subjected
to any customs or customhouse charges unless intended for consumption
in the country where the wreck has occurred.
3. When the wreck occurs within a port, there shall be observed also
those arrangements which may be ordered by the local authorities with a
view to avoiding any damage that might otherwise be caused thereby to
the port and to other ships.
4. The intervention of the local authorities shall occasion no expense of
any kind to the owners or operators of the wrecked vessels, except such
expenses as may be caused by the operations of salvage and the preservation
of the merchandise and equipment saved, together with expenses that would
be incurred under similar circumstances by vessels of the country.
Article XIV
Honorary consuls or vice consuls of either High Contracting Party,
as the case may be, shall enjoy those rights, privileges, exemptions
and immunities provided for in Article I, paragraph 1, Article II, paragraph
1, Articles VI, VII, VIII, IX, X, XI, XII, XIII, and XIV of the present
Convention, for which they have received authority in conformity with the
laws of the High Contracting Party by which they are appointed ; and they
shall enjoy in any case all the rights, privileges, exemptions and immunities
enjoyed by honorary consular officers of the same rank of any third country.
Article XV
A consular officer shall cease to discharge his functions ( 1 ) by virtue of an
official communication from the Government of the High Contracting Party
by which appointed addressed to the Government of the High Contracting
Party by which he has been received advising that his functions have ceased,
or ( 2 ) by virtue of a request from the Government of the High Contracting
Party by which appointed that an exequatur be issued to a successor, or ( 3 )
CONSULAR RELATIONS— MARCH 14, 1947 83
by withdrawal of the exequatur granted him by the Government of the High
Contracting Party in whose territory he has been discharging his duties.
Article XVI
1. The present Convention shall be ratified and the ratification thereof
shall be exchanged at Manila. The Convention shall take effect in all its
provisions immediately upon the exchange of ratifications and shall continue
in force for the term of ten years.
2. If, six months before the expiration of the aforesaid period of ten
years, the Government of neither High Contracting Party shall have given
notice to the Government of the other High Contracting Party of an intention
to terminate the Convention upon the expiration of the aforesaid period of
ten years, the Convention shall continue in effect after the aforesaid period
and until six months from the date on which the Government of either High
Contracting Party shall have notified to the Government of the other High
Contracting Party an intention to terminate the Convention.
In faith whereof the above named plenipotentiaries have signed the
present Convention and have affixed thereto their seals.
Done in duplicate at Manila, this fourteenth day of March in the year of our
Lord one thousand nine hundred and forty-seven and of the Independence of
the Republic of the Philippines the first.
For the Government of the United States of America
Paul V. McNutt [seal]
For the Government of the Republic of the Philippines
Elpidio Quirino [seal]
MILITARY ASSISTANCE
Agreement signed at Manila March 21, 1947
Entered into force March 21, 1947 ; operative from July 4, 1946
Article 5 modified by agreement of September 26 and December 9,
1947, and May 6 and June 7, 1948 1
Extended by agreement of February 24 and March 1 1 and 13, 1950 2
Expired July 4, 1953
61 Stat. 3283 ; Treaties and Other
International Acts Series 1662
Agreement Between the Government of the United States of
America and the Government of the Republic of the Philippines
on Military Assistance to the Philippines
Considering the desire of the Government of the Republic of the Philip-
pines to obtain assistance in the training and development of its armed forces
and the procurement of equipment and supplies therefor during the period
immediately following the independence of the Philippines, considering the
Agreement between the United States of America and the Republic of the
Philippines concerning military bases, signed March 14, 1947,3 and in view
of the mutual interest of the two Governments in matters of common defense,
the President of the United States of America has authorized the rendering
of military assistance to the Republic of the Philippines towards establishing
and maintaining national security and towards forming a basis for participa-
tion by that Government in such defensive military operations as the future
may require, and to attain these ends the Governments of the United States
of America and the Republic of the Philippines have agreed as follows :
Title I
PURPOSE AND DURATION
Article 1 — Subject to mutual agreements, the Government of the United
States of America will furnish military assistance to the Government of the
Republic of the Philippines in the training and development of armed forces
aTIAS 1954:, post, p. 137.
• 1 UST 448; TIAS 2080.
3TIAS 1775, ante, p. 55.
84
MILITARY ASSISTANCE— MARCH 21, 1947 85
and in the performance of other services essential to the fulfillment of those
obligations which may devolve upon the Republic of the Philippines under
its international agreements including commitments assumed under the
United Nations and to the maintenance of the peace and security of the
Philippines, as provided in Title II, Article 6, hereof.
Article 2 — This Agreement shall continue for a period of five years from
July 4, 1946 unless previously terminated or extended as hereinafter provided.
Article 3 — If the Government of the Republic of the Philippines should
desire that this Agreement be extended beyond the stipulated period, it shall
make a written proposal to that effect at least one year before the expiration
of this Agreement.
Article 4— This Agreement may be terminated before the expiration
of the period of five years prescribed in Article 2, or before the expiration
of an extension authorized in Article 3, by either Government, subject to
three months' written notice to the other Government.
Article 5 — It is agreed on the part of the Government of the Republic
of the Philippines that tide to all arms, vessels, aircraft, equipment and
supplies, expendable items excepted, that are furnished under this Agree-
ment on a non-reimbursable basis shall remain in the United States of
America.4
Title II
GENERAL
Article 6 — For the purposes of this Agreement the military assistance
authorized in Article 1 hereof is defined as the furnishing of arms, ammuni-
tion, equipment and supplies; certain aircraft and naval vessels, and instruc-
tion and training assistance by the Army and Navy of the United States
and shall include the following :
(a) Establishing in the Philippines of a United States Military Advisory
Group composed of an Army group, a Navy group and an Air group to
assist and advise the Republic of the Philippines on military and naval
matters ;
(b) Furnishing from United States sources equipment and technical
supplies for training, operations and certain maintenance of Philippine
armed forces of such strength and composition as mutually agreed upon;
(c) Facilitating the procurement by the Government of the Republic
of the Philippines of a military reserve of United States equipment and
supplies, in such amounts as may be subsequently agreed upon;
(d) Making available selected facilities of United States Army and Navy
training establishments to provide training for key personnel of the Philip-
pine armed forces, under the conditions hereinafter described.
4 For a modification of art. 5, see agreement of Sept. 26 and Dec. 9, 1947, and May 6
and June 7, 1948 (TIAS 1954), post, p. 137.
86 PHILIPPINES
Title III
MILITARY ADVISORY GROUP
Article 7 — The Military Advisory Group shall consist of such number
of United States military personnel as may be agreed upon by the Govern-
ments of the United States of America and the Republic of the Philippines.
Article 8 — The functions of the Military Advisory Group shall be to
provide such advice and assistance to the Republic of the Philippines as has
been authorized by the Congress of the United States of America and as is
necessary to accomplish the purposes set forth in Article 1 of this Agreement.
Article 9 — Each member of the Military Advisory Group shall continue
as a member of the branch of the armed forces of the United States to which
he belongs and serve with that group in the rank, grade or rating he holds
in the armed forces of the United States and shall wear the uniform thereof,
as provided in current regulations. Officers and enlisted men so detailed are
authorized to accept from the Government of the Republic of the Philippines
offices and such pay and emoluments thereunto appertaining as may be
offered by that Government and approved by the appropriate authorities of
the United States, such compensation to be accepted by the United States
Government for remittance to the individual if in the opinion of the appro-
priate authorities of the United States such course appears desirable.
Article 10 — Members of the Military Advisory Group shall serve under
the direction of the authorities of the United States of America.
Article 1 1 — All members of the Group shall be on active duty and shall
be paid regularly authorized pay and allowances by the Government of the
United States of America, plus a special allowance to compensate for in-
creased costs of living. This special allowance shall be based upon a scale
agreed upon by the Governments of the United States of America and the
Republic of the Philippines and shall be revised periodically. The Govern-
ment of the Republic of the Philippines shall reimburse the Government of
the United States of America for the special allowances provided for in this
Article. The special allowance shall be applicable for the entire period each
member of the group resides in the Philippines on duty with the Group,
except as specified elsewhere in this Agreement.
Article 12 — The Government of the Republic of the Philippines agrees
to extend to the Military Advisory Group the same exemptions and privileges
granted by Articles V, XII and XVIII of the Agreement Between the United
States of America and the Republic of the Philippines Concerning Military
Bases, signed March 14, 1947.
Article 1 3 — Except as may be otherwise subsequently agreed by the two
Governments, the expense of the cost of transportation of each member of the
Military Advisory Group, his dependents, household effects, and belongings
to and from the Philippines shall be borne by the Government of the United
States of America to the extent authorized by law. Members of the Group
MILITARY ASSISTANCE— MARCH 21, 1947 87
shall be entitled to compensation for expenses incurred in travel in the Repub-
lic of the Philippines on official business of the Group and such expenses shall
be reimbursed to the Government of the United States of America by the
Government of the Republic of the Philippines except for expenses of travel
by the transportation facilities of the Group.
Article 14 — The Government of the Republic of the Philippines shall
provide, and defray the cost of, suitable living quarters for personnel of the
Military Advisory Group and their families and suitable buildings and office
space for use in the conduct of the official business of the Military Advisory
Group. All living and office quarters shall conform to the standards prescribed
by the United States military services for similar quarters. Official supplies
and equipment of American manufacture required by the Group shall be
furnished by the Government of the United States of America which shall
be reimbursed for the cost thereof by the Government of the Republic of the
Philippines. Official supplies and equipment of other than American manu-
facture shall be provided without cost by the Government of the Republic
of the Philippines. The cost of all services required by the Group, including
compensation of locally employed interpreters, clerks, laborers, and other
personnel, except personal servants, shall be borne by the Government of the
Republic of the Philippines.
Article 15 — All communications between the Military Advisory Group
and the Republic of the Philippines involving matters of policy shall be
through the Ambassador of the United States of America to the Philippines
or the Charge d'Affaires.
Article 16 (a) — The provisions of Articles XIII and XXI of the
Agreement of March 14, 1947 between the United States of America and
the Republic of the Philippines Concerning Military Bases are applicable
to the Military Advisory Group, it being agreed that the Headquarters of
the Military Advisory Group will be considered a temporary installation under
the provisions of Article XXI of the Agreement aforementioned.
(b) The Chief of the Military Advisory Group, and not to exceed six
(6) other senior members of the group to be designated by him, will be
accorded diplomatic immunity.
Title IV
logistical assistance
Article 17 — The decision as to what supplies, services, facilities, equip-
ment and naval vessels are necessary for military assistance shall be made
by agreement between the appropriate authorities of the United States and
the Republic of the Philippines.
Article 18 — Certain initial equipment, supplies and maintenance items
shall be furnished gratuitously by the United States in accordance with
detailed arrangements to be mutually agreed upon. Additional equipment
308-582—73-
88 PHILIPPINES
and supplies other than those surplus to the needs of the United States re-
quired in the furtherance of military assistance shall be furnished by the
United States subject to reimbursement by the Republic of the Philippines
on terms to be mutually agreed upon. All items of arms, munitions, equip-
ment and supplies originating from sources other than those surplus to the
needs of the United States shall be furnished only when the requisite funds
have been specifically appropriated by the Congress of the United States.
Article 19 — The Government of the Republic of the Philippines agrees
that it will not relinquish physical possession or pass the title to any and all
arms, munitions, equipment, supplies, naval vessels and aircraft furnished
under this Agreement without the specific consent of the Government of the
United States.
Article 20 — Military equipment, supplies and naval vessels necessary in
connection with the carrying out of the full program of military assistance
to the Republic of the Philippines shall be provided from United States and
Philippine sources in so far as practicable and the Government of the Repub-
lic of the Philippines shall procure arms, ammunition, military equipment
and naval vessels from governments or agencies other than the United States
of America only on the basis of mutual agreement between the Government
of the United States of America and the Government of the Republic of the
Philippines. The Government of the Republic of the Philippines shall procure
United States military equipment, supplies and naval vessels only as mutually
agreed upon.
Title V
TRAINING ASSISTANCE
Article 21 — As part of the program of military assistance the Government
of the Republic of the Philippines shall be permitted to send selected students
to designated technical and service schools of the ground, naval and air serv-
ices of the United States. Such students shall be subject to the same regula-
tions as are United States students and may be returned to the Philippines,
without substitution, for violation of such regulations. Numbers of students
and detailed arrangements shall be mutually agreed upon and shall be kept
at a minimum for essential requirements. All Philippine requests for mili-
tary training of Filipino personnel shall be made to the Government of the
United States through the Military Advisory Group.
Title VI
SECURITY
Article 22 — Disclosures and exchanges of classified military equipment
and information of any security classification to or between the Government
of the United States of America and the Government of the Republic of the
Philippines will be with the mutual understanding that the equipment and
MILITARY ASSISTANCE— MARCH 21, 1947 89
information will be safeguarded in accordance with the requirements of the
military security classification established thereon by the originating Gov-
ernment and that no redisclosure by the recipient Government of such equip-
ment and information to third governments or unauthorized personnel will be
made without specific approval of the originating Government.
Article 23 — So long as this Agreement, or any extension thereof, is in
effect the Government of the Republic of the Philippines shall not engage or
accept the services of any personnel of any Government other than the
United States of America for duties of any nature connected with the Philip-
pine armed forces, except by mutual agreement between the Government of
the United States of America and the Government of the Republic of the
Philippines.
Title VII
In witness whereof, the Undersigned, duly authorized thereto, have
signed this Agreement in duplicate, in the City of Manila, this twenty-first
day of March, 1947.
For the Government of the United States of America:
Paul V. McNutt [seal]
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to
the Republic of the Philippines
For the Government of the Republic of the Philippines:
Manuel Roxas [seal]
President of the Philippines
COAST AND GEODETIC PROGRAM
Agreement signed at Manila May 12, 1947
Entered into force May 12, 1947
Terminated upon fulfillment of its terms
61 Stat. 2852 ; Treaties and Other
International Acts Series 1616
Agreement Between The United States Of America And The
Republic Of The Philippines Regarding Coast And Geodetic
Survey Work And Training Program
Whereas, the Government of the United States of America has enacted
Public Law 370 — 79th Congress, approved April 30, 1946,1 known as the
Philippine Rehabilitation Act of 1946, whereof Section 310, entitled "Coast
and Geodetic Surveys," provides :
"The Coast and Geodetic Survey of the Department of Commerce is au-
thorized to continue, until June 30, 1950, the survey work which was being
conducted by it in the Philippines prior to December 7, 1941. The Director
of the Coast and Geodetic Survey is authorized to train not exceeding twenty
Filipinos each year prior to July 1, 1950, to be designated by the President of
the Philippines subject to the provisions of section 311 (c) , in order that they
may become qualified to take over and continue such survey work on and
after July 1, 1950, and to pay all expenses incident to their temporary em-
ployment and training." and
Whereas, The Government of the Republic of the Philippines is desirous
of availing itself of the benefits, facilities and services which are authorized
by the above-quoted Section 310 of the said Public Law 370 — 79th
Congress;
Therefore, the Government of the United States of America and the
Government of the Republic of the Philippines have decided to conclude an
agreement for the foregoing purposes and have mutually agreed as follows :
Article I
The responsible agent of the Government of the United States of America
for effectuating the provisions of this Agreement shall be the Director of the
x60 Stat. 128.
90
COAST AND GEODETIC PROGRAM— MAY 12, 1947 91
United States Coast and Geodetic Survey of the Department of Commerce,
hereinafter referred to as the United States Director. The United States
Director may delegate to a duly authorized representative all or any part of his
authority for effectuating the provisions of this Agreement. The duties, func-
tions and powers exercised in the Republic of the Philippines under the terms
of this Agreement by the United States Director, or his duly authorized rep-
resentative, shall be under the general supervision of the United States Am-
bassador accredited to the Government of the Republic of the Philippines or,
in the absence of the Ambassador, of the Charge d'Aff aires ad interim of the
United States of America. The United States Director, or his duly authorized
representative, may negotiate and conclude any working agreements neces-
sary for carrying out the provisions of this Agreement.
The responsible agent of the Government of the Republic of the Philip-
pines for effectuating the provisions of this Agreement shall be the Director
of the Bureau of Coast and Geodetic Survey of the Department of National
Defense, hereinafter referred to as the Philippine Director. The Philippine
Director may delegate to an officer or employee of the Bureau of Coast and
Geodetic Survey of the Department of National Defense all or any part of
his authority for effectuating the provisions of this Agreement. The Philippine
Director, or his authorized representative, shall be the representative of the
Government of the Republic of the Philippines in the negotiation and con-
clusion of all working agreements necessary for carrying out the provisions
of this Agreement.
The United States Director and the Philippine Director shall cooperate
in every way possible to carry out the spirit and purpose of this Agreement.
Article II
The United States Director shall assign one commissioned officer of the
United States Coast and Geodetic Survey of the Department of Commerce
who shall perform the duties of Director of Coast Surveys, Manila Field Sta-
tion, United States Coast and Geodetic Survey.
The Director of Coast Surveys, Manila Field Station, shall act as adviser
on Coast and Geodetic Surveys to the President of the Republic of the Philip-
pines and shall also direct the office and field operations of all personnel paid
with United States Government funds. Other Coast and Geodetic Survey
commissioned officers and Civil Service personnel may, pursuant to the pur-
poses of this Agreement, be assigned to duty in the Republic of the Philippines
and shall serve under the Director of Coast Surveys, Manila Field Station.
The organization of the Philippine Bureau of Coast and Geodetic Survey
is to be determined entirely by the Republic of the Philippines.
The United States Coast and Geodetic Survey of the Department of Com-
merce shall assume financial responsibility for manning, repairing and oper-
ating one survey vessel, the "TULIP."
92 PHILIPPINES
The United States Coast and Geodetic Survey shall conduct surveying
operations in the Republic of the Philippines and instruct Philippine per-
sonnel in the Republic of the Philippines in United States Coast and Geo-
detic Survey techniques of surveying, mapping and charting.
Original hydrographic, topographic, triangulation and leveling records
and accompanying surveys and reports made by the United States Coast and
Geodetic Survey under the terms of this Agreement will become the property
of the Government of the Republic of the Philippines, and the United States
Coast and Geodetic Survey will retain, or be provided with, three photo-
lithographic copies of all triangulation, air photo, topographic, tidal, mag-
netic, photogrammetric, leveling, hydrographic and other surveys and one
copy of each descriptive report.
The United States Coast and Geodetic Survey will print charts of the
Republic of the Philippines for the Philippine Bureau of the Coast and Geo-
detic Survey until the latter is in position to assume responsibility for the
operation.
Article III
The United States Director shall provide for the temporary employment
and training during the period of this Agreement of not to exceed twenty
(20) citizens of the Republic of the Philippines each year in surveying,
mapping, charting and related activities. The United States Director shall
provide for the payment of all expenses incidental to such temporary em-
ployment and training, including, but not necessarily limited to, actual
transportation expenses to and from and in the United States of America,
allowances for tuition, educational fees and subsistence.
Subject to the provisions of Section 311 (c) of the said Public Law 370 —
79th Congress, the trainees referred to in the preceding paragraph of this
Article shall be designated by the President of the Philippines in accordance
with procedures and standards established by the United States Director.
The Government of the Republic of the Philippines shall furnish to the
United States Embassy at Manila the names and necessary supporting docu-
ments of the trainees so designated.
Article IV
Vessels owned by the Government of the United States of America (in-
cluding small boats) operated by the Coast and Geodetic Survey of the
United States Department of Commerce as part of the program carried out
pursuant to this Agreement shall be permitted to move freely in the terri-
torial waters of the Republic of the Philippines, to enter and sail from the
several ports with or without pilots and without the necessity of formal en-
trance or clearance that may ordinarily be required of commercial and other
vessels and to establish or utilize such means of communications between
such vessels and shore facilities as may be necessary to the effective adminis-
COAST AND GEODETIC PROGRAM— MAY 12, 1947 93
tration of the programs contemplated by this Agreement. Quarantine pro-
cedures and inspections shall be required only at the first Philippine port of
call on original entry.
Vessels of the Government of the United States of America used in the
Coast and Geodetic Survey program (including small boats), their equip-
ment, tackle, and appurtenances shall be immune from seizure under Ad-
miralty or other legal process.
Vessels owned by the Government of the United States of America (in-
cluding small boats) used in the Coast and Geodetic Survey program shall
be exempt from all requirements of the Government of the Republic of the
Philippines relating to inspection, registry, manning or licensing of vessels
or marine personnel.
Where suitable public wharves or facilities for moorage are available, such
vessels shall be furnished wharfage or moorage without cost.
Article V
The Government of the Republic of the Philippines agrees to provide free
of cost to the Government of the United States of America such lands,
rights-of-way and easements as may be necessary for carrying out the terms
of this Agreement. The United States Director is authorized to accept and
utilize for the performance of the terms of this Agreement contributions of
labor, materials, equipment and money from the Government of the Republic
of the Philippines and its political subdivisions.
Article VI
The Government of the Republic of the Philippines agrees to provide such
equipment and facilities, including such satisfactory ships and small boats
for survey work as may be necessary to carry out the purposes of this Agree-
ment and as may be available to the Government of the Republic of the
Philippines.
The Government of the Republic of the Philippines shall provide and pay
qualified personnel (except officers and employees referred to in Articles II
and III of this Agreement) necessary to conduct surveying, mapping and
charting operations in the Republic of the Philippines, and shall defray all
expenses necessary for the operation of the Philippine Bureau of the Coast
and Geodetic Survey except as specifically provided for elsewhere in this
Agreement.
Article VII
The Government of the Republic of the Philippines will cooperate with
the United States Director, or his duly authorized representative, in providing
such temporary or permanent office and other space and facilities as mav be
required and shall render all practicable assistance in securing adequate hous-
94 PHILIPPINES
ing accommodations, at reasonable rental rates, for personnel of the United
States Coast and Geodetic Survey who are engaged in effectuating this pro-
gram, and their families.
Article VIII
The Government of the Republic of the Philippines will save harmless all
officers and employees of the United States Coast and Geodetic Survey of the
Department of Commerce who are citizens of the United States of America
from damage suits or other civil actions arising out of their performance of
their duties under this Agreement.
Article IX
Officers, employees and agents of the Government of the United States of
America who are citizens of the United States and who are on duty or who
may be assigned to duty in the Republic of the Philippines under the provi-
sions of the present Agreement, and their families, shall be permitted to move
freely into and out of the Republic of the Philippines, subject to existing visa
and passport regulations. Gratis transit shall be extended to all officers, em-
ployees, or agents of the United States Coast and Geodetic Survey over all
bridges, ferries, roads and other facilities of the highways where tolls are col-
lected for passage of vehicles or occupants.
Article X
Pending the conclusion of negotiations now being considered by the United
States of America and the Republic of the Philippines, no import, excise,
consumption, or other tax, duty, or impost shall be levied on funds or property
in the Republic of the Philippines which is owned by the United States Coast
and Geodetic Survey of the Department of Commerce and used for purposes
under the present Agreement or on funds, materials, supplies, and equipment
imported into the Republic of the Philippines for use in connection with such
purposes; nor shall any such tax, duty or impost be levied on personal funds
or property, not intended for resale, imported into the Republic of the Philip-
pines for the use or consumption of United States Coast and Geodetic Survey
personnel who are United States citizens; nor shall any export or other tax be
placed on any such funds or property, including United States Government
property, in the event of its removal from the Republic of the Philippines.
Article XI
Each Government reserves the right to remove any personnel paid by it
and involved in carrying out the provisions of this Agreement with the
understanding that each Government shall maintain an adequate force to
carry out the provisions and requirements of this Agreement so long as the
Agreement is in effect.
COAST AND GEODETIC PROGRAM— MAY 12, 1947 95
Article XII
All commitments made in this Agreement on the part of the Government
of the United States of America shall be subject to the availability of appro-
priated funds by the Government of the United States of America.
Article XIII
This Agreement shall become effective on the date of its signature and shall
continue in effect until completely executed on both sides, but in no event
later than June 30, 1950; provided, however, that this Agreement may be re-
vised, amended, or changed in whole or in part with the approval of both
parties as indicated and effected by an exchange of notes between the two
contracting parties; and provided further that either Government may ter-
minate this Agreement by giving to the other party ninety days notice -in
writing through diplomatic channels.
In witness whereof the Undersigned, duly authorized thereto, have
signed the present Agreement in duplicate at Manila this twelfth day of May,
1947.
For the Government of the United States of America :
Nathaniel P. Davis
Charge d' Affaires ad interim
of the United States of America at Manila
For the Government of the Republic of the Philippines:
Ruperto K. Kangleon
Secretary of National Defense
METEOROLOGICAL PROGRAM
Agreement signed at Manila May 12, 1947
Entered into force May 12, 1947
Terminated upon fulfillment of its terms
61 Stat. 2858 ; Treaties and Other
International Acts Series 1617
Agreement between the United States of America and the Republic
of the Philippines Regarding Meteorological Facilities and
Training Program
Whereas, the Government of the United States of America has enacted
Public Law 370-79th Congress, approved April 30, 1946,1 known as the
Philippine Rehabilitation Act of 1946, whereof Section 308, entitled
"Weather Information", provides:
" ( a) The Chief of the Weather Bureau of the Department of Commerce
is authorized to establish meteorological facilities in the Philippines as may
be required to provide weather information, warnings, and forecasts for
general agricultural and commercial activities, including meteorological
service for the air routes on which air-navigation facilities are operated by the
Civil Aeronautics Administration, and to maintain such meteorological offices
until the Philippine Weather Bureau is reestablished and in position to assume
responsibility for the service.
"(b) The Chief of the Weather Bureau of the Department of Commerce
is authorized, under such regulations as he may adopt, to train not to exceed
fifty Filipinos in the first year and not to exceed twenty-five Filipinos in each
succeeding year prior to July 1 , 1 950, the trainees to be designated by the
President of the Philippines subject to the provisions of Section 311 (c), and
the training to include meteorological observations, analyses, forecasting,
briefing of pilots, and such other meteorological duties as are deemed necessary
in maintenance of general weather service, including weather information
required for air navigation and the safe operation of air traffic. The training
of these employees shall be in addition to and not in lieu of Weather Bureau
employees to be trained under current Weather Bureau appropriations." and
"60 Stat. 128.
96
METEOROLOGICAL PROGRAM— MAY 12, 1947 97
Whereas, the Government of the Republic of the Philippines is desirous of
availing itself of the benefits, facilities and services which are authorized by
the above-quoted Section 308 of the said Public Law 370-79th Congress;
Therefore, the Government of the United States of America and the
Government of the Republic of the Philippines have decided to conclude an
agreement for the foregoing purposes and have agreed mutually as follows:
Article I
The responsible agent of the Government of the United States of America
for effectuating the provisions of this Agreement shall be the Chief of the
United States Weather Bureau of the Department of Commerce, hereinafter
referred to as the Chief. The Chief may delegate to a duly authorized repre-
sentative all or part of his authority for effectuating the provisions of this
Agreement. The duties, functions, and powers exercised in the Republic of
the Philippines under the terms of this Agreement by the Chief, or his duly
authorized representative, shall be under the general supervision of the United
States Ambassador accredited to the Government of the Republic of the
Philippines, or, in the absence of the Ambassador, of the Charge dAffaires
ad interim of the United States of America. The Chief, or his duly authorized
representative, may negotiate and conclude working agreements and con-
tracts necessary for carrying out the provisions of this Agreement.
The responsible agent of the Government of the Republic of the Philippines
for effectuating the provisions of this Agreement shall be the Director of the
Weather Bureau of the Department of Agriculture and Commerce, herein-
after referred to as the Director. The Director may delegate to an officer or
employee of the Weather Bureau of the Philippine Department of Agriculture
and Commerce all or part of his authority for effectuating the provisions of
this Agreement. The Director, or his duly authorized representative, shall be
the representative of the Government of the Republic of the Philippines in
the negotiation and conclusion of all working agreements and contracts
necessary for carrying out the provisions of this Agreement.
The Chief and the Director shall cooperate in every way possible to carry
out the spirit and purpose of this Agreement.
Article II
The Chief, or his authorized representative, shall, with the consent of and
in cooperation with the Government of the Republic of the Philippines,
establish, maintain, and operate such meteorological facilities in the Republic
of the Philippines as may be required to provide weather information, warn-
ings, and forecasts for general agricultural and commercial activities, including
meteorological service for the air routes on which air-navigation facilities are
operated, all such meteorological facilities to be operated insofar as possible
98 PHILIPPINES
in conformance with recognized international standards for meteorological
observations and procedures.
The Chief shall assign to the Republic of the Philippines for the purpose
of carrying out the provisions of this Agreement a representative and assist-
ants, including instructors and administrative personnel, the salaries and
expenses of all such personnel to be paid directly by the United States
Weather Bureau of the Department of Commerce.
The Chief, or his duly authorized representative, shall analyze the plans
submitted by the Government of the Republic of the Philippines within the
terms of this Agreement involving the expenditure of funds by the Govern-
ment of the United States of America and after consultation with the Director
shall approve, disapprove, or modify such plans. The Chief, or his authorized
representative, upon his approval of operational plans and programs shall
enter into contracts with the Government of the Republic of the Philippines
when necessary for the carrying out of such programs.
Article III
The Chief shall provide for the training during the period of this Agree-
ment of not to exceed fifty (50) citizens of the Republic of the Philippines
in the first year and not to exceed twenty-five ( 25 ) citizens of the Republic
of the Philippines in each succeeding year. This training will include meteoro-
logical observations, analyses, forecasting, briefing of pilots, and such other
duties as are deemed necessary in the maintenance of a general weather
service, including weather information required for air navigation and the
safe operation of air traffic. The Chief shall provide for the payment of all
expenses incidental to such training, including, but not necessarily limited to,
transportation to and from and in the United States of America, allowances
for tuition, educational fees, and subsistence.
Subject to the provisions of Section 311 (c) of the said Public Law 370-
79th Congress, the trainees referred to in the preceding paragraph of this
Article shall be designated by the President of the Philippines in accordance
with procedures and standards established by the Chief. The Government
of the Republic of the Philippines shall furnish to the United States Embassy
at Manila the names and necessary supporting documents of the trainees
so designated.
Article IV
The Government of the Republic of the Philippines agrees to provide free
of cost to the Government of the United States of America such lands, rights-
of-way and easements necessary for carrying out the terms of this Agreement.
Furthermore, the Government of the Republic of the Philippines shall fur-
nish such equipment, facilities, and qualified personnel, including tech-
METEOROLOGICAL PROGRAM— MAY 12, 1947 99
nicians, administrative personnel, and such other trained persons necessary
to carry out the purposes of this Agreement, as may be available to the
Government of the Republic of the Philippines. The Chief is authorized to
accept and utilize for the performance of the terms of this Agreement con-
tributions of labor, materials, equipment, and money from the Government
of the Republic of the Philippines and its political subdivisions.
Article V
The responsible agent of the Government of the Republic of the Philippines
shall submit to the Chief, or his duly authorized representative, plans for:
( 1 ) The establishment and maintenance of a suitable network of basic
weather observing and reporting stations including a suitable number of
stations at which upper air observations will be made ;
( 2 ) The prompt collection of weather observations at one or more central
forecasting offices and the development of weather analysis and forecasting
procedures designed to furnish general weather service as well as meeting the
economic requirements of domestic and international aviation and maritime
commerce;
(3) The establishment of international exchanges of weather informa-
tion in accordance with recognized international standards ;
(4) The compilation and publication of weather records and reports
including the results of meteorological investigations;
(5) The training of technical and professional personnel required to
maintain a modern weather service;
(6) Fiscal requirements for the inauguration, maintenance, and opera-
tion of the foregoing programs.
Article VI
The Government of the Republic of the Philippines will cooperate with the
Chief, or his duly authorized representative, in providing such temporary or
permanent office and other space and facilities as may be required and shall
render all practicable assistance in securing adequate housing accommoda-
tions, at reasonable rental rates, for personnel of the United States Weather
Bureau of the Department of Commerce engaged in effectuating this pro-
gram, and their families.
Article VII
The Government of the Republic of the Philippines will save harmless all
offices and employees of the United States Weather Bureau of the Depart-
ment of Commerce who are citizens of the United States of America from
damage suits or other civil actions arising out of their performance of their
official duties under this Agreement.
100 PHILIPPINES
Article VIII
Officers, employees and agents of the Government of the United States of
America who are citizens of the United States and who are on duty or who
may be assigned to duty in the Republic of the Philippines under the provi-
sions of the present Agreement, and their families, shall be permitted to move
freely into and out of the Republic of the Philippines, subject to existing visa
and passport regulations. Gratis transit shall be extended to all officers, em-
ployees, or agents of the United States Weather Bureau of the Department of
Commerce over all bridges, ferries, roads, and other facilities of the highways
where tolls are collected for passage of vehicles or occupants.
Article IX
Pending the conclusion of negotiations now being considered by the Gov-
ernment of the United States of America and the Government of the Republic
of the Philippines, no import, excise, consumption, or other tax, duty, or
impost shall be levied on funds or property in the Republic of the Philippines
which are owned by the United States Weather Bureau of the Department of
Commerce and used for purposes under the present Agreement or on funds,
materials, supplies, and equipment imported into the Republic of the Philip-
pines for use in connection with such purposes; nor shall any such tax, duty,
or impost be levied on the personal funds or property, not intended for re-
sale, imported into the Republic of the Philippines for the use of or consump-
tion of the United States Weather Bureau personnel who are United States
citizens; nor shall any export or other tax be placed on any such funds or
property, including United States Government property, in the event of its
removal from the Republic of the Philippines.
Article X
Each Government reserves the right to remove any personnel paid by it
and involved in carrying out the provisions of this Agreement with the under-
standing that each Government shall maintain an adequate force to carry
out the provisions and requirements of this Agreement so long as the Agree-
ment is in effect.
Article XI
All commitments made in this Agreement on the part of the Government
of the United States of America shall be subject to the availability of appro-
priated funds by the Government of the United States of America.
Article XII
This Agreement shall become effective on the date of its signature and
shall continue in effect until completely executed on both sides, but in no
event later than June 30, 1950; provided, however, that this Agreement
METEOROLOGICAL PROGRAM— MAY 12, 1947 101
may be revised, amended, or changed in whole or in part with the approval
of both parties as indicated and effected by an exchange of notes between
the two contracting parties; and provided further that either Government
may terminate this Agreement by giving to the other party ninety days notice
in writing through diplomatic channels.
In witness whereof the undersigned, duly authorized thereto, have
signed the present Agreement in duplicate at Manila this 1 2th day of May,
1947.
For the Government of the United States of America :
Nathaniel P. Davis
Charge d' Affaires ad interim of the
United States of America at Manila
For the Government of the Republic of the Philippines:
Mariano Garghitorena
Secretary of Agriculture and Commerce
AIR NAVIGATION PROGRAM
Agreement signed at Manila May 12, 1947
Entered into force May 12, 1947
Terminated upon fulfillment of its terms
61 Stat. 2864; Treaties and Other
International Acts Series 1618
Agreement Between the United States of America and the Repub-
lic of the Philippines Regarding Air Navigation Facilities and
Training Program
Whereas, the Government of the United States of America has enacted
Public Law 370-79th Congress, approved April 30, 1946/ known as the
Philippine Rehabilitation Act of 1946, whereof Section 307, entitled "Inter-
Island Air Navigation," provides :
"(a) The Administrator of Civil Aeronautics of the Department of
Commerce is authorized to acquire, establish, operate, and to maintain a
system of air-navigation facilities and associated airways communications
services in the Philippines for inter-island airways operation and to connect
the Philippine airways with international and interoceanic routes.
"(b) The Administrator of Civil Aeronautics is authorized, under such
regulations as he may adopt, to train not exceeding fifty Filipinos each year
prior to July 1, 1950, to be designated by the President of the Philippines
subject to the provisions of Section 311 (c), in air-traffic control, aircraft
communications, maintenance of air-navigation facilities, and such other air-
man functions as are deemed necessary for the maintenance and operation
of aids to air navigation and other services essential to the orderly and safe
operation of air traffic." and
Whereas, the Government of the Republic of the Philippines is desirous
of availing itself of the benefits, facilities and services which are authorized
by the above-quoted Section 307 of the said Public Law 370-79th Congress;
Therefore, the Government of the United States of America and the
Government of the Republic of the Philippines have decided to conclude an
agreement for the foregoing purposes and have agreed mutually as follows:
x60 Stat. 128.
102
AIR NAVIGATION— MAY 12, 1947 103
Article I
The responsible agent of the Government of the United States of America
for effectuating the provisions of this Agreement shall be the Administrator
of Civil Aeronautics of the Department of Commerce, hereinafter referred
to as the Administrator. The Administrator may delegate to a duly author-
ized representative of the Civil Aeronautics Administration all or any part
of his authority for effectuating the provisions of this Agreement. The duties,
functions, and powers exercised in the Republic of the Philippines under
the terms of this Agreement by the Administrator or his duly authorized
representative shall be under the general supervision of the United States
Ambassador accredited to the Government of the Republic of the Philip-
pines or, in the absence of the Ambassador, of the Charge dAffaires ad in-
terim of the United States of America. The Administrator, or his duly
authorized representative, may negotiate and conclude any working agree-
ments necessary for carrying out the provisions of this Agreement.
The responsible agent of the Government of the Republic of the Philip-
pines for effectuating the provisions of this Agreement shall be the Director
of Aeronautics of the Bureau of Aeronautics of the Department of National
Defense, hereinafter referred to as the Director of Aeronautics. The Director
of Aeronautics may delegate to an officer or employee of the Bureau of Aero-
nautics of the Department of National Defense all or part of his authority
for effectuating the provisions of this Agreement. The Director of Aeronau-
tics, or his duly authorized representative, shall be the representative of the
Government of the Republic of the Philippines in the negotiation and con-
clusion of all working agreements necessary for carrying out the provisions
of this Agreement.
The Administrator and the Director of Aeronautics shall cooperate in
every way possible to carry out the spirit and purposes of this Agreement.
Article II
The Administrator shall acquire and establish, and shall maintain and
operate during the period required for the training of citizens of the Republic
of the Philippines for such operation, a system of air navigation facilities
and associated airway communications services in the Philippines for inter-
island airways operation and to connect the Philippines airways with inter-
national and interoceanic routes.
The Administrator, or his duly authorized representative, shall analyze
the plans submitted by the Government of the Republic of the Philippines
within the terms of this Agreement involving the expenditure of funds by
the Government of the United States of America and after consultation
with the Director of Aeronautics shall approve, disapprove, or modify such
plans.
104 PHILIPPINES
Article III
The Administrator shall provide for the training during the period of this
Agreement of not to exceed fifty citizens of the Republic of the Philippines
each year in the duties of air traffic control, aircraft communication, main-
tenance of air navigation facilities, and such other airman functions as he
deems necessary for the maintenance and operation of aids to air navigation
and other services essential to the orderly and safe operation of air traffic. The
Administrator shall provide for the payment of all expenses incidental to
such training, including, but not necessarily limited to, actual transportation
expenses to and from and in the United States of America, allowances for
tuition, educational fees, and subsistence.
Subject to the provisions of Section 311 (c) of the said Public Law 370-
79th Congress, the trainees referred to in the preceding paragraph of this
Article shall be designated by the President of the Philippines in accordance
with procedures and standards established by the Administrator. The Gov-
ernment of the Republic of the Philippines shall furnish to the United States
Embassy at Manila the names and necessary supporting documents of the
trainees so designated.
Article IV
The Government of the Republic of the Philippines agrees to provide free
of cost to the Government of the United States of America such lands, rights-
of-way and easements necessary for carrying out the terms of this Agreement.
The Administrator is authorized to accept and utilize for the performance of
the terms of this Agreement contributions of labor, materials, equipment and
money from the Government of the Republic of the Philippines and its
political subdivisions.
Article V
The Director of Aeronautics shall assist the representative of the Adminis-
trator in carrying out the objectives of this Agreement by providing:
( 1 ) recommendations relative to locations for the establishment of air
navigation facilities and the type of facilities and services required for each
location ;
(2) advice as to the specific radio frequency assignments which may be
used and as to materials and equipment owned by the Government of the
Republic of the Philippines which can be made available for use in carrying
out this Agreement; and
(3) suggestions for the accomplishment of all phases of the Agreement,
including suggestions for the accomplishment of the physical work involved
and for the maintenance and operation of completed facilities.
The Government of the Republic of the Philippines shall furnish such
equipment, facilities, and qualified personnel, including technicians, admin-
AIR NAVIGATION— MAY 12, 1947 105
istrative personnel, and other personnel, as may be necessary and as may be
available to the Government of the Republic of the Philippines to carry out
the purpose and intent of this Agreement.
Article VI
The Government of the Republic of the Philippines will cooperate with
the Administrator, or his duly authorized representative, in providing such
temporary or permanent office and other space and facilities as may be re-
quired, and shall render all practicable assistance in securing adequate hous-
ing accommodations, at reasonable rental rates, for personnel of the Civil
Aeronautics Administration engaged in effectuating this program, and their
families.
Article VII
The Government of the Republic of the Philippines will save harmless all
officers and employees of the Civil Aeronautics Administration of the Depart-
ment of Commerce who are citizens of the United States from damage suits
or other civil actions arising out of their performance of their duties under
this Agreement.
Article VIII
Officers, employees, and agents of the Government of the United States of
America who are citizens of the United States and who are on duty or who
may be assigned to duty in the Republic of the Philippines under the provi-
sions of the present Agreement, and their families, shall be permitted to move
freely into and out of the Republic of the Philippines, subject to existing visa
and passport regulations. Gratis transit shall be extended to all officers, em-
ployees or agents of the Civil Aeronautics Administration of the Department
of Commerce over all bridges, ferries, roads and other facilities of the high-
ways where tolls are collected for passage of vehicles or occupants.
Article IX
Pending the conclusion of negotiations now being considered by the Gov-
ernment of the United States of America and the Government of the Re-
public of the Philippines, no import, excise, consumption, or other tax, duty
or impost shall be levied on funds or property in the Republic of the Philip-
pines which are owned by the Civil Aeronautics Administration and used
for purposes under the present Agreement or on funds, materials, supplies,
and equipment imported into the Republic of the Philippines for use in con-
nection with such purposes; nor shall any such tax, duty, or impost be levied
on the personal funds or property, not intended for resale, imported into
the Republic of the Philippines for the use or consumption of Civil Aero-
nautics Administration personnel who are United States citizens; nor shall
any export or other tax be placed on any such funds or property, including
106 PHILIPPINES
United States Government property, in the event of its removal from the
Republic of the Philippines.
Article X
Each Government reserves the right to remove any personnel paid by it
and involved in carrying out the provisions of this Agreement with the under-
standing that each Government shall maintain an adequate force to carry
out the provisions and requirements of this Agreement so long as the Agree-
ment is in effect.
Article XI
All commitments made in this Agreement on the part of the Government
of the United States of America shall be subject to the availability of appro-
priated funds made by the Government of the United States of America.
Article XII
This Agreement shall become effective on the date of its signature, and
shall continue in effect until completely executed on both sides but in no
event later than June 30, 1950; provided, however, that this Agreement may
be revised, amended, or changed in whole or in part with the approval of
both parties as indicated and effected by an exchange of notes between the
two contracting parties; and provided further that either Government may
terminate this Agreement by giving to the other party ninety days' notice in
writing through diplomatic channels.
In witness whereof the Undersigned, duly authorized thereto, have
signed the present Agreement in duplicate at Manila this 12th day of May,
1947.
For the Government of the United States of America :
Nathaniel P. Davis
Charge d' Affaires ad interim of the
United States of America at Manila
For the Government of the Republic of the Philippines :
Ruperto K. Kangleon
Secretary of National Defense
RECRUITMENT OF LABORERS AND EMPLOYEES
BY UNITED STATES ARMY
Exchange of notes at Manila May 13 and 16, 1947
Entered into force May 16, 1947
Terminated by agreement of December 28, 1968 1
[For text, see 7 UST 2539; TIAS 3646.]
TRANSFER OF LEYTE-SAMAR NAVAL BASE
FROM ANNEX A TO ANNEX B OF MILITARY
BASES AGREEMENT
Exchange of notes at Manila July 1 and September 12, 1947 , imple-
menting agreement of March 14, 1947 2
Entered into force September 12, 1947 ; operative January 1, 1948
[For text, see 3 UST 457 ; TIAS 2406.]
19 UST 7560; TIAS 6598.
'TIAS 1775, ante, p. 55.
107
RADIOBROADCASTING
Agreement and protocol signed at Manila September 4, 1947
Entered into force September 4, 1947
Superseded by agreement of May 6, 1963 1
Department of State files
Agreement Between the Government of the United States of
America and the Government of the Republic of the Philip-
pines Regarding Radio Broadcasting Facilities
The Government of the United States of America and the Government
of the Republic of the Philippines,
Being desirous of insuring the continuation of radio broadcasting in the
Republic of the Philippines, of affording a medium for the transmission of
radio programs by each Government, and of providing a means for the train-
ing of Philippine radio technicians ; and
Wishing to provide for the use by the two Governments of certain broad-
casting facilities now existing or to be constructed in the Republic of the
Philippines; and
Being convinced that these purposes should be fulfilled in a spirit of good
neighborliness between the Government of the United States of America
and the Government of the Republic of the Philippines, and that details of
their practical application should be arranged by friendly cooperation;
Have decided to conclude an agreement for those purposes and have agreed
as follows:
Article I
The Government of the United States of America and the Government of
the Republic of the Philippines will cooperate, in accordance with the provi-
sions of the present Agreement, in the use of the radio facilities referred to
herein which have been or may be constructed in the Republic of the Philip-
pines by the Government of the United States of America.
Article II
The Government of the Republic of the Philippines shall have the exclusive
right to program time from 2200 to 1000 Greenwich Civil Time for domestic
broadcasting on the medium wave broadcast transmitter installed at Malolos,
M4 UST 741; TIAS 5353.
108
RADIOBROADCASTING— SEPTEMBER 4, 1947 109
Bulacan Province, by the Government of the United States of America.
Programs and other material broadcast over that transmitter by the Gov-
ernment of the Republic of the Philippines shall be identified by proper
announcement as Philippine programs, and sole responsibility for their trans-
mission shall rest upon the Government of the Republic of the Philippines.
Article III
The Government of the United States of America shall have the right, as
provided in the present Agreement, to operate radio facilities in the Republic
of the Philippines for transmission of broadcasts to any or all parts of the
world in any language or languages. The operating rights granted by this
Article shall apply to the two fifty kilowatt broadcast transmitters and re-
lated equipment now exising and to any other radio facilities which may be
constructed or installed hereafter in the Republic of the Philippines by the
Government of the United States of America under this Agreement.
Programs and other material broadcast by the Government of the United
States of America over facilities located in the Republic of the Philippines
shall be identified by proper announcement as United States programs, and
sole responsibility for their transmission shall rest upon the Government of the
United States of America.
Article IV
In order to facilitate the operation of radio transmission in the Republic
of the Philippines the Government of the United States of America shall be
permitted
1 . To lease or purchase real property upon which radio transmission and
receiving facilities have been erected or installed or upon which, in agree-
ment with the Government of the Republic of the Philippines, such facilities
may be erected or installed in the future ;
2. To lease or purchase necessary public utility services on terms no less
favorable than are enjoyed by citizens of the Republic of the Philippines, such
as power and telephone services of various kinds, including the leasing of
lines and rental of equipment ;
3. To construct and install radio transmitters and receivers, including an-
tenna structures, with due regard to restrictions imposed by generally ap-
plicable laws relating to air navigation safety;
4. To own and operate motor vehicles necessary to or relating to the
operation of radio transmission;
5. To operate distillation equipment for the production of distilled water
for use in the operation of radio transmitting equipment;
6. To transmit programs and materials originating in the Republic of
the Philippines and to receive radio transmission originating outside the Re-
public of the Philippines for rebroadcast on a live or delayed (recorded)
basis;
110 PHILIPPINES
7. To utilize for radio transmission on terms mutually agreeable to the
Government of the United States of America and the Government of the
Republic of the Philippines the frequencies, types of emission, and frequency
band widths, which are or may become available for medium or short wave
radio transmission in accordance with the Madrid Telecommunications
Convention, 1932,2 including its appended regulations, or any treaty and
regulations concerning short wave radio transmission, taking their place in
the future. The terms agreed to shall be no less favorable to the Government
of the United States of America than to nationals of the Republic of the
Philippines.
Article V
Officers and employees of the Government of the United States of America
who are citizens of the United States of America and who are on duty or as-
signed to duty in the Republic of the Philippines in connection with the trans-
mission of radio broadcasts under the provisions of the present Agreement
shall be permitted to move freely into and out of the Republic of the Philip-
pines subject to existing passport and visa regulations and shall not be
restricted by the Government of the Republic of the Philippines in their move-
ment to and between their residences and the various locations at which the
radio transmission or their other official business is carried on, and shall have
free access to any other locations which it may be necessary for them to visit
in line with their duties.
Article VI
Compensation for injury to persons of Philippine nationality or for damage
to property belonging to Philippine nationals resulting from the operation
in the Republic of the Philippines of radio transmission facilities under the
present Agreement by the Government of the United States of America shall
be paid by the Government of the United States of America subject to the
applicable laws of the Republic of the Philippines. The amounts payable for
such injury or damage shall be determined by agreement between the Gov-
ernment of the United States of America and the Government of the Re-
public of the Philippines.
Article VII
The Government of the United States of America and the Government of
the Republic of the Philippines shall select each year by mutual agreement
two graduates of a Philippine technical school to serve for a one year training
period as technical assistants in the operation in the Republic of the Philip-
pines of radio transmission facilities owned and operated by the Government
of the United States of America. Salaries of such trainees shall be paid by the
Government of the United States of America.
1 TS 867, ante, vol. 33 p. 65.
RADIOBROADCASTING— SEPTEMBER 4, 1947 HI
Article VIII
Pending its ratification by the Senate of the Philippines in accordance with
constitutional procedure, the present Agreement shall enter into force on the
date of its signature as a modus vivendi between the United States of America
and the Republic of the Philippines.
Subject to the provisions of the preceding paragraph and of the third para-
graph of this Article, the present Agreement shall remain in force for a period
of ten years and thereafter for additional five year periods, unless at least one
year before the beginning of one of such five year periods one of the contract-
ing Governments shall give notice to the other Government of an intention
to terminate the Agreement, whereupon the Agreement shall cease to be in
force at the expiration of the period during which such notice was given.
The Government of the United States of America shall have the right to
terminate the present Agreement at any time on six months' notice in the
event that circumstances make it impracticable for the Government of the
United States of America or any official agency thereof to maintain and oper-
ate for purposes of the Government of the United States of America the radio
facilities to which the present Agreement applies.
Upon the termination of the present Agreement all right, title and interest
of the Government of the United States of America, or of any official agency
thereof referred to above, in radio transmitting equipment, power plants, and
other related facilities in the Philippines to which the present Agreement ap-
plies shall become the property of the Government of the Republic of the
Philippines without cost, provided that for a period of five years after such
transmitting equipment, power plants, and other related facilities become
the property of the Government of the Republic of the Philippines that Gov-
ernment will use these facilities solely for purposes of the Government of the
Republic of the Philippines and that at no time during such five-year period
will these facilities be rented, leased or sold; nor will these facilities be used
for commercial broadcasting except to the extent that will yield income suffi-
cient for proper maintenance and efficient operation thereof.
In Witness Whereof, the Undersigned, being duly authorized thereto,
have signed the present Agreement in duplicate at Manila this fourth day
of September, 1947.
For the Government of the United States of America :
Nathaniel P. Davis
Charge d' Affaires ad interim of the
United States of America at Manila
For the Government of the Republic of the Philippines :
Elpidio Quirino
Vice President of the Philippines
and concurrently
Secretary of Foreign Affairs
308-582—73 9
112 PHILIPPINES
Protocol to an Agreement Between the Government of the United
States of America and the Government of the Republic of the
Philippines Regarding Radio Broadcasting Facilities Signed at
Manila September 4, 1947.
It is understood and agreed that the real property referred to in Article
IV paragraph 1 on which radio transmission facilities have been erected or
installed by the Government of the United States of America, comprises,
as of the date of signature of this Agreement, the following :
1. A parcel of land with buildings thereon, situated in the Barrio of
Mojon, Municipality of Malolos, Province of Bulacan, known as the Bulacan
Trade School ; more exactly described as follows :
A parcel of first class residential land, Lot No. 2701, located at Barrio
Mojon, Municipality of Malolos, Province of Bulacan, Philippines, bounded
on the Northwest by property of F. C. Santos and H. Tantoco; on the North-
east by property of F. C. Santos; on the East by the road to Malolos-Quin-
gua, E. Cruz, etc. ; on the South by property of P. del Rosario ; and on the
Southwest by property of the Manila Railroad Company. It contains an area
of 221,393 square meters, more or less, of which the United States is using
approximately 28,500 square meters. On this parcel of land, the United
States has constructed or rehabilitated, or will construct or rehabilitate, a
transmitter building with a floor space of approximately 5,824 square feet,
formerly known as the Bulacan Trade School Building, a one-story con-
crete building with concrete floors and sides, and a galvanized iron roof ; one
reinforced concrete building, housing its power plant, with a floor area of
approximately 3,000 square feet; one prefabricated garage and workshop,
approximately 4,000 square feet ; one prefabricated warehouse, approximately
4,000 square feet; one toilet and shower building, concrete construction,
approximately 360 square feet. Lessor: Provincial Government of Bulacan.
It is agreed between the two Governments that in exchange for the right
to occupy and use the above described property in the Municipality of Malo-
los for the purposes of the Agreement to which this Protocol refers the Gov-
ernment of the United States of America will, as soon as possible after the
coming into force thereof, erect two quonset huts on a site to be selected by
the Government of the Republic of the Philippines and transfer title thereto
to the Malolos School Board for its exclusive use. These buildings will measure
forty by one hundred feet, more or less, and will be completed for occupancy,
including concrete floors. It is agreed by the two Governments that the pro-
vision of the aforementioned buildings and of the radio transmission and
studio equipment transferred to the Government of the Republic of the Philip-
pines in connection with station KZFM shall be in lieu of rent for the property
known as the Bulacan Trade School for so long as the Agreement to which
this Protocol refers remains in force beyond the date of termination of the
RADIOBROADCASTING— SEPTEMBER 4, 1947 113
present lease; it being understood that said lease shall be terminated, in ac-
cordance with its terms, on thirty days notice, to be given by the Government
of the United States of America when the two buildings to be erected, as
described in this paragraph, are declared ready for occupancy.
2. Eight parcels of land situated in the Municipality of Malolos, Province
of Bulacan, on which the United States of America has erected antenna
towers; more exactly described as follows :
Lot No. 3154 of the Cadastral Survey of Malolos, Bulacan, situated in Bar-
rio, Bulihan, Malolos, Bulacan, bounded on the Northeast by Lot No. 2695,
on the Southeast by Lot No. 3153, on the Southwest by Lot No. 2695, and
on the Northwest by Lots 3155 and 2695. Area is 9,164 square meters, more
or less, of which the United States is using 800 square meters, more or less.
Lessor: Eliseo G. Cruz.
Lot No. 3153 of Malolos Cadastre, situated in Barrio Bulihan, Malolos,
Bulacan, bounded on the North by the property of Alejandro de Leon, on the
East by the property of Estero Malangan, on the South by the property of
Estefania del Rosario, and on the West by the Calumpit Road. Area is 8,921
square meters of which the United States is using 1 ,600 square meters more
or less. Lessor : Encarnacion Gatmaitan.
Lot No. 3152 of Malolos Cadastre, situated in Bulihan, Malolos, Bulacan,
bounded on the North by the property of Victorino Gatmaitan, on the East
by the property of Antonio Bautista, on the South by the property of Antonio
Bautista, and on the West by the property of Estero Malangan. Area is 9,621
square meters, of which the United States is using 3,600 square meters.
Lessor: Felicidad Jacinto de Dinglasan.
Lot No. 2696, situated in Barrio Mojon, Malolos, Bulacan, bounded on all
sides by Lot No. 2695. Area is 14,665 square meters. Lessor: Urbano
Enriquez.
Lot No. 2699 of Malolos Cadastre, situated in Barrio Mojon, Malolos,
Bulacan, bounded on the North, East and South by Lot No. 2695, property
of Antonio Bautista, and on the West by Lot No. 2697, property of Luis
Santos. Area is 12,287 square meters. Lessor: Ladislao Caparas.
Lot No. 2698 of Malolos Cadastre, situated in Barrio Catmon, Malolos,
Bulacan, bounded on the North by Lots 2695 and 2697, on the East by Lot
No. 2695, on the South by Lot No. 2695, all properties of Antonio Bautista,
on the West by National Highway No. 3. Area is 6,436 square meters. Lessor :
Ananias Crisostomo.
Lot No. 2697 of Malolos Cadastre, situated in Barrio Guinhawa, Malolos,
Bulacan, bounded on the North by property of Antonio Bautista, on the East
by properties of Antonio Bautista and Alejandro Tiongson, on the South by
property of Ceferino Aldaba ( now Ananias Crisostomo ) , and on the West by
property of Antonio Bautista. Area is 77,211 square meters. Lessor: Luis
Santos.
114 PHILIPPINES
Lot No. 2695 of Malolos Cadastre, situated in Barrio Mojon, Guinhawa,
Pinagbacalan, Bulihan, Sumapa, Malolos, Bulacan, bounded on the North-
east by properties of Silvino Torralba and others, on the East by properties
of Alejandro Tiongson and others, on the Southeast by properties of Provin-
cial Government and others, on the Southwest by properties of Manila Rail-
road and others, on the Northwest by the property of Bartolome Fuentes and
others. Area is 1,270,289 square meters, more or less, of which the United
States is using 638,620 square meters, more or less. Lessor: Antonio Bautista
(deceased).
3. Space for studios and offices in the building at the corner of Soler and
Calero Streets in the City of Manila, known as the Roces Building.
In witness whereof, the Undersigned, being duly authorized thereto,
have signed this Protocol in duplicate at Manila this fourth day of Septem-
ber, 1947.
For the Government of the United States of America:
Nathaniel P. Davis
Charge d' Affaires ad interim of the
United States of America at Manila
For the Government of the Republic of the Philippines :
Elpedio Quirino
Vice President of the Philippines
and concurrently
Secretary of Foreign Affairs
POSTAL CONVENTION
Signed at Manila September 17 and at Washington September 30, 1947
Operative October 1, 1947
Approved and ratified by the President of the United States February 10,
1948
Ratified by the Philippines December 31, 1948
Superseded by agreement of September 21 and November 12, 1964 1
61 Stat. 4161 ; Treaties and Other
International Acts Series 1913
Postal Convention between the United States of
America and the Republic of the Philippines
For the purpose of making postal arrangements between the United States
of America and the Republic of the Philippines, the undersigned, Robert E.
Hannegan, Postmaster General of the United States of America and R.
Nepomuceno, Secretary of Public Works and Communications of the Re-
public of the Philippines, by virtue of authority vested in them by law, have
agreed upon the following articles:
Article 1
(a) The provisions of this Convention will apply to letters, single and
reply-paid post cards, prints of all kinds including printed matter for the
blind and second-class matter, commercial papers, samples without value,
and small packets, ordinary and registered, and to parcel-post packages, or-
dinary only. These articles will be subject to such regulations in the country
of destination as that country may deem necessary to protect its customs
revenue.
(b) The two Administrations advise each other, by means of the List
of Prohibited Articles published by the International Bureau of the Univer-
sal Postal Union, of all prohibited articles. However, they do not on that ac-
count assume any responsibility towards the customs or police authorities or
the sender.
If parcels wrongly admitted to the mails are neither returned to origin
M6UST 1680; TIAS 5893.
115
116 PHILIPPINES
nor delivered to the addressee, the Administration of origin must be informed
in a precise manner of the treatment accorded the parcel.
(c) The Administration of origin is entitled to collect from the sender of
each parcel the postage and the fees for requests for information as to the
disposal of a parcel made after it has been posted.
Except in the case of returned or redirected parcels, pre-payment of the
postage and such of the fees mentioned in the preceding paragraph as are
applicable, is compulsory.
(d) The weight limit for parcel-post packages shall be 44 pounds for
parcels addressed for delivery in the United States and the whole of its pos-
sessions; the cities of Manila, Baguio, Iloilo, Cebu, Zamboanga and Davao,
and the municipality of Tacloban in the province of Leyte, Philippines, and
1 1 pounds for parcels addressed for delivery in other points of the Philippines.
Parcel post packages containing legal, educational, medical and scientific
books up to 22 pounds (10 kilograms) in weight for provincial capitals and
other cities in the Philippines may also be accepted for mailing in the United
States. The dimensions shall be : Greatest combined length and girth, 6 feet.
Greatest length, 3^2 feet, except that parcels may measure up to 4 feet in
length, on condition that parcels over 42 and not over 44 inches in length do
not exceed 24 inches in girth, parcels over 44 and not over 46 inches in
length do not exceed 20 inches in girth, and parcels over 46 inches and up to
4 feet in length do not exceed 16 inches in girth.
The weight limits and dimensions for the other articles mentioned above
under (a) as well as the postage rates and registration fees for such articles
will be the same as are generally applicable from the United States of Amer-
ica to the countries of the Americo-Spanish Postal Union. In no case may
the rates, fees, weight limits and dimensions or other provisions be less favor-
able, for the public, than those provided for by the Universal Postal Con-
vention then in force.
(e) Except as required by the regulations of the country of destination
for the collection of its customs duties, all admissible matter mailed in one
country for the other, or received in one country from the other, shall be
free from any detention or inspection whatever, and shall be forwarded by
the most speedy means to its destination and be prompdy delivered to the
respective persons to whom it is addressed, being subject in its transmission
to the laws and regulations of such country respectively.
Article 2
(a) Each Administration shall retain to its own use the whole of the
postage and registration, or special delivery fees it collects on postal articles
exchanged with the other, including deficient postage, but it is agreed that
on packages sent at parcel post rates, the country of origin shall allow to the
country of destination on the total excess number of parcel post packages dis-
POSTAL CONVENTION— SEPTEMBER 17 AND 30, 1947 117
patched over the number of such packages received, 30 cents for each parcel
not over 1 1 pounds in weight and 60 cents for each parcel over 1 1 pounds
in weight, settlement to be made quarterly in a general postal account be-
tween the two countries on the basis of the parcel bills.
The charges specified above may be reduced or increased on three months
previous notice given by one country to the other. These reductions or in-
creases shall hold good for at least one year.
(b) The charges to be paid for the transit of parcel post and air mail
of one country by the services of the other country shall be fixed by the coun-
try whose services are utilized.
(c) The charges to be paid for the transit to a third country of articles
in the regular mails of one country by the services of the other country shall
be the transit charges, based on transit statistics, provided by the Universal
Postal Convention then in force.
(d) In case of the total loss of a registered article originating in either
country and addressed to the other, the maximum indemnity shall be the
amount provided by the Universal Postal Union Convention in force from
time to time.
(e) The special delivery fee to be levied and collected upon first class mail
matter originating in either country and addressed to the other shall be
twenty cents.
(f ) Articles of every kind not prepaid or insufficiently prepaid, originating
in either country and addressed to the other, shall be dealt with in accordance
with the regulations prescribed by the Universal Postal Union Convention
in force for unprepaid and insufficiently prepaid articles.
Article 3
In case a parcel post package is redirected from one address to another
in the country of destination, it shall be subject to an additional charge for
postage. The country of destination may, at its option, levy and collect from
the addressee of a parcel post package for interior service and delivery, a
charge, the amount of which is to be fixed according to its own regulations,
but which shall in no case exceed five cents for each parcel regardless of
weight. A customs clearance charge may also be collected on each parcel
post package which may in no case exceed ten cents for each parcel.
Article 4
(a) Exchanges of mails under this Convention shall be effected through
the post offices of both countries designated as exchange post offices under
such regulations relative to the details of the exchanges as may be mutually
determined to be essential to the security and expedition of the mails and the
protection of the customs revenues.
118 PHILIPPINES
( b ) Each country shall provide for and bear the expense of the conveyance
of its mails to the other.
Article 5
(a) Any packet of mailable correspondence, with the exception of parcels
prepaid at parcel post rates, may be registered upon payment of the rate of
postage and the registration fee applicable thereto in the country of origin.
(b) An acknowledgment of the delivery of a registered article shall be
returned to the sender when requested; but either country may require of
the sender prepayment of a fee therefor not exceeding ten cents.
Article 6
Ordinary and registered exchanges shall be effected in properly closed
sacks, under such regulations relative to the details of the exchanges as may
be mutually determined to be essential.
If a registered article advised shall not be found in the mails by the receiv-
ing office, its absence shall be immediately reported by the receiving to the
sending office.
Article 7
(a) All parcel post packages must be fully prepaid before dispatch. Par-
cels which are not delivered for any cause, shall be reciprocally returned with-
out charge, through the appropriate exchange offices of the two countries,
after the expiration of the period for their detention prescribed by the laws or
regulations of the country of destination. Such parcels shall be liable on re-
turn to senders to a charge equal to the amount required to fully prepay the
postage thereon when originally mailed. Insufficiently prepaid articles in the
regular mails shall be liable on return to senders to the charge for deficient
postage that would have been collected from the addressees if said articles
had been delivered.
Article 8
( a ) Parcel-post packages shall be dispatched in separate sacks from other
articles.
( b ) Parcel bills shall be prepared in duplicate for such parcels dispatched.
The duplicate is sent in the regular mails, while the original is inserted
in one of the sacks. The sack containing the parcel bill is to be designated by
the letter "F" on the label.
(c) The parcels included in each dispatch are to be entered on the bills
to show the total number of parcels according to the following divisions of
weight :
( 1 ) not over 1 1 pounds
( 2 ) over 1 1 pounds
POSTAL CONVENTION— SEPTEMBER 17 AND 30, 1947 119
(d) Parcels sent "a decouvert" must be entered separately on the bills.
Returned or redirected parcels must be entered individually on the bills
and be followed by the word "Returned" or "Redirected".
(e) The total number of sacks comprising each dispatch must also be
shown on the bills.
(f) Each dispatching exchange office numbers the bills in the upper
left-hand corner in accordance with an annual series. The last number of
the preceding year must be mentioned on the first bill of the following year.
(g) The exact method of advising parcels or the receptacles contain-
ing them sent by one Administration in transit through the other, together
with any details of procedure in connection with the advice of such parcels
or receptacles for which provision is not made in this Convention, shall
be settled by mutual consent through correspondence between the two
Administrations.
Article 9
(a) On receipt of a dispatch of parcel post packages, the exchange office
of destination proceeds to verify it. The entries in the parcel bill must be veri-
fied exactly. Each error or omission must be brought immediately to the
knowledge of the dispatching exchange office by means of a bulletin of veri-
fication. A dispatch is considered as having been found in order in all regards
when no bulletin of verification is made up.
If any error or irregularity which could give rise to liability for compen-
sation is found upon receipt of a dispatch, all objects which may serve later
on for investigations, or for examination of requests for indemnity, must be
kept.
(b) The dispatching exchange office to which a bulletin of verification
is sent returns it after having examined it and entered thereon its observa-
tions, if any. That bulletin is then attached to the parcel bills of the parcels
to which it relates. Corrections made on a parcel bill which are not justified
by supporting papers are considered as devoid of value.
(c) If necessary, the dispatching exchange office may also be advised
by telegram, at the expense of the office sending such telegram.
(d) In case of shortage of a parcel bill, a duplicate is prepared, a copy
of which is sent to the exchange office of origin of the dispatch.
(e) The office of exchange which receives from a corresponding office a
parcel which is damaged or insufficiently packed must redispatch such parcel
after repacking, if necessary, preserving the original packing as far as possible.
If the damage is such that the contents of the parcel may have been ab-
stracted, the office must first officially open the parcel and verify its contents.
In either case, the weight of the parcel will be verified before and after
repacking, and indicated on the wrapper of the parcel itself. That indication
will be followed by the note "Repacked at . . . .", and the signature of the
agents who have effected such repacking.
308-582—73 10
120 PHILIPPINES
Article 10
All matters connected with the exchange of mails between the two coun-
tries, which are not herein provided for, shall be governed by the provisions
of the Universal Postal Convention and Regulations then in force, so far as
the provisions of such Universal Postal Convention and Regulations shall be
obligatory upon both of the contracting parties, except as hereafter modified
or changed.
Article 1 1
The Postmaster General of the United States of America and the Secretary
of Public Works and Communications of the Republic of the Philippines
shall have authority to jointly make such further regulations of order and
detail and to provide for such changes and modifications as may be found
necessary to carry out the present Convention from time to time.
Article 12
This Convention shall be ratified by the contracting countries in accord-
ance with their respective laws, and its ratifications shall be exchanged as
early as possible. It shall take effect on a date to be mutually decided on and
shall continue in force until terminated by mutual agreement, or annulled
at the instance of the Post Office Department of either country, upon six
months previous notice given to the other.
Done in duplicate and signed at Manila, Philippines, the 17th day of
September, 1947, and at Washington the 30th day of September, 1947.
R. Nepomuceno
Secretary of Public Works and Communications
of the Republic of the Philippines
[seal] Robert E. Hannegan
Postmaster General of the United States of America
TRANSFER OF CORREGIDOR ISLAND AND
PETTIT BARRACKS
Exchange of notes at Manila October 12, 1947, implementing agree-
ment of March 14, 1947 1
Entered into force October 12, 1947
Supplemented by agreements of January 2 and 3, 1948,2 and Feb-
ruary 19 and 29, 1948 3
[For text, see 3 UST 458 ; TIAS 2406.]
ESTABLISHMENT OF BANK AT CLARK FIELD
Exchange of notes at Manila October 3 and 14, 1947, implementing
agreement of March 14, 1947 1
Entered into force October 14, 1947
[For text, see 3 UST 466 ; TIAS 2406.]
TRANSFER OF MARIVELES QUARANTINE
RESERVATION
Exchange of notes at Manila December 18 and 19, 1947, implementing
agreement of March 14, 1947 1
Entered into force December 19, 1947
[For text, see 3 UST 468 ; TIAS 2406.]
'TIAS 1775, ante, p. 55.
'3 UST 480; TIAS 2406.
8 3 UST 482; TIAS 2406.
121
TRANSFER OF CERTAIN PARCELS OF LAND
AT NICHOLS FIELD
Exchange of notes at Manila December 23 and 24, 1947, implementing
agreement of March 14, 1947 x
Entered into force December 24, 1947
[For text, see 3 UST 476 ; TIAS 2406.]
TRANSFER OF CORREGIDOR ISLAND AND
PETTIT BARRACKS
Exchange of notes at Manila January 2 and 3, 1948, supplementing
agreement of October 12, 1947 2
Entered into force January 3, 1948
[For text, see 3 UST 480 ; TIAS 2406.]
TRANSFER OF CORREGIDOR ISLAND AND
PETTIT BARRACKS
Exchange of notes at Manila February 19 and 29, 1948, supplementing
agreement of October 12, 1947 2
Entered into force February 29, 1948
[For text, see 3 UST 482 ; TIAS 2406.]
'TIAS 1775, ante, p. 55.
*3 UST 458; TIAS 2406.
122
FINANCING OF EDUCATIONAL EXCHANGE
PROGRAM
Agreement signed at Manila March 23, 1948
Entered into force March 23, 1948
Article 11 amended by agreement of April 2 and 8, 1948; ' article 5
amended by agreement of December 8 and 20, 1948 2
Amended and extended by agreement of September 18 and October 3,
1958 s
Superseded by agreement of March 23, 1963 4
62 Stat. 1878; Treaties and Other
International Acts Series 1730
Agreement between the Government of the United States of
America and the Government of the Republic of the Philip-
pines for the Use of Funds Made Available in Accordance with
the Agreement between the Government of the United
States of America and the Government of the Republic
of the Philippines for the Sale of Certain Surplus War
Property, Signed September 11, 1946
The Government of the United States of America and the Government of
the Republic of the Philippines ;
Desiring to promote further mutual understanding between the peoples of
the United States of America and the Republic of the Philippines by a wider
exchange of knowledge and professional talents through educational contacts;
Considering that Section 32 (b) of the United States Surplus Property
Act of 1944, as amended (Public Law No. 584, 79th Congress; 60 Stat.
754 ) , provides that the Secretary of State of the United States of America
may enter into an agreement with any foreign government for the use of
currencies or credits for currencies of such foreign government acquired as a
result of surplus property disposals for certain educational activities; and
Considering that under the provisions of Article 5 C ( 2 ) of the Agreement
between the Government of the United States of America and the Govern-
*TIAS 1745, post, p. 131.
2TIAS 1910, post, p. 168.
*9UST1444;TIAS4138.
4 MUST 352; TIAS 5321.
123
124 PHILIPPINES
merit of the Republic of the Philippines for the sale of certain Surplus War
Property signed at Manila on September 11, 1946 s (hereinafter desig-
nated the "Sales Agreement") it is provided that the Government of the
Republic of the Philippines shall make available to the Government of the
United States of America the equivalent of Two Million Dollars ($2,000,-
000 — United States currency) and any unexpended portion of the sum set
forth in Article 5 G ( 1 ) of the Sales Agreement, to be available for the im-
plementation of agreements to be entered into between the Government of
the United States of America and the Government of the Republic of the
Philippines for cultural research, instruction, and other educational activities,
Have agreed as follows:
Article 1 6
There shall be established in the Philippines a foundation to be known as
the United States Educational Foundation in the Philippines (hereinafter
designated the "Foundation" ) , which shall be recognized by the Government
of the United States of America and the Government of the Republic of the
Philippines as an organization created and established to facilitate the ad-
ministration of the educational program to be financed by funds made avail-
able by the Government of the Republic of the Philippines under the terms
of the present agreement.6
Except as provided in Article 3 hereof the Foundation shall be exempt
from the domestic and local laws of the United States of America and the
Republic of the Philippines as they relate to the use and expenditure of cur-
rencies and credits for currencies for the purposes set forth in the present
agreement.
The funds made available by the Government of the Republic of the
Philippines shall be used by the Foundation for the purpose, as set forth in
Section 32 (b) of the United States Surplus Property Act of 1944, as
amended, of
( 1 ) financing studies, research, instruction, and other educational activi-
ties of or for citizens of the United States of America in schools and institu-
tions of higher learning located in the Philippines or of the citizens of the
Philippines in United States schools and institutions of higher learning located
outside the continental United States, Hawaii, Alaska (including the Aleutian
Islands), Puerto Rico, and the Virgin Islands, including payment for trans-
portation, tuition, maintenance, and other expenses incident to scholastic
activities; or
(2) furnishing transportation for citizens of the Philippines who desire
to attend United States schools and institutions of higher learning in the
6 43 UNTS231.
6 For an amendment of the first paragraph of art. 1, see agreement of Sept. 18 and Oct. 3,
1958, (9UST1444;TIAS4138).
EDUCATIONAL EXCHANGE— MARCH 23, 1948 125
continental United States, Hawaii, Alaska (including the Aleutian Islands),
Puerto Rico, and the Virgin Islands and whose attendance will not deprive
citizens of the United States of America of an opportunity to attend such
schools and institutions.
Article 2
In furtherance of the aforementioned purposes, the Foundation may, sub-
ject to the provisions of Article 10 of the present agreement, exercise all
powers necessary to the carrying out of the purpose of the present agreement
including the following :
( 1 ) Receive funds.
(2) Open and operate bank accounts in the name of the Foundation
in a depository or depositories to be designated by the Secretary of State of
the United States of America.
(3) Disburse funds and make grants and advances of funds for the
authorized purposes of the Foundation.
( 4 ) Acquire, hold, and dispose of such property in the name of the Foun-
dation as the Board of Directors of the Foundation may consider necessary
or desirable, provided however, that the acquisition of any real property shall
be subject to the prior approval of the Secretary of State of the United States
of America.
(5) Plan, adopt, and carry out programs, in accordance with the pur-
poses of Section 32 (b) of the United States Surplus Property Act of 1944, as
amended, and the purposes of this agreement.
( 6 ) Recommend to the Board of Foreign Scholarships, provided for in
the United States Surplus Property Act of 1944, as amended, students,
professors, research scholars, resident in the Philippines and institutions of
the Philippines qualified to participate in the programs in accordance with
the aforesaid Act.
(7) Recommend to the aforesaid Board of Foreign Scholarships such
qualifications for the selection of participants in the programs as it may deem
necessary for achieving the purpose and objectives of the Foundation.
(8) Provide for periodic audits of the accounts of the Foundation as di-
rected by auditors selected by the Secretary of State of the United States of
America.
(9) Engage administrative and clerical staff and fix the salaries and
wages thereof.
Article 3
All expenditures by the Foundation shall be made pursuant to an annual
budget to be approved by the Secretary of State of the United States of
America pursuant to such regulations as he may prescribe.
126 PHILIPPINES
Article 4
The Foundation shall not enter into any commitment or create any obliga-
tion which shall bind the Foundation in excess of the funds actually on hand
nor acquire, hold, or dispose of property except for the purposes authorized
in the present agreement.
Article 5 7
The management and direction of the affairs of the Foundation shall be
vested in a Board of Directors consisting of nine Directors, ( hereinafter desig-
nated the "Board").
The principal officer in charge of the Diplomatic Mission of the United
States of America to the Republic of the Philippines (hereinafter designated
the "Chief of Mission" ) shall be Honorary Chairman of the Board. He shall
have the power of appointment and removal of members of the Board at his
discretion. The members of the Board shall be as follows: (a) the Chief
Public Affairs Officer of the United States Embassy in the Philippines, Chair-
man; (b) two other members of the Embassy staff, one of whom shall serve as
treasurer; (c) two citizens of the United States of America, one representative
of American business interests in the Philippines and one representative of
American educational interests in the Philippines ; and ( d ) four citizens of the
Philippines, at least two of whom shall be prominent in the field of education.
The six members specified in (c) and (d) of the last preceding paragraph
shall be resident in the Philippines and shall serve from the time of their ap-
pointment until the succeeding December 31 next following such appoint-
ment. They shall be eligible for reappointment. The United States members
shall be designated by the Chief of Mission; the Philippine members by the
Chief of Mission from a list of names submitted by the Government of the
Republic of the Philippines. Vacancies by reason of resignations, transfers
of residence outside of the Philippines, expiration of term of service, or other-
wise shall be filled in accordance with this procedure.
The Directors shall serve without compensation, but the Foundation is au-
thorized to pay the necessary expenses of the Directors in attending meetings
of the Board.
Article 6
The Board shall adopt such by-laws and appoint such committees as it shall
deem necessary for the conduct of the affairs of the Foundation.
Article 7
Reports as directed by the Secretary of State of the United States of Amer-
ica shall be made annually on the activities of the Foundation to the Secre-
7 For an amendment of art. 5, see agreement of Dec. 8 and 20, 1948 (TIAS 1910), post,
p. 168.
EDUCATIONAL EXCHANGE— MARCH 23, 1948 127
tary of State of the United States of America and to the Government of the
Republic of the Philippines.
Article 8
The principal office of the Foundation shall be in the capital city of the
Philippines but meetings of the Board and any of its committees may be held
in such other places as the Board may from time to time determine, and the
activities of any of the Foundation's officers or staff may be carried on at such
places as may be approved by the Board.
Article 9
The Board may appoint an Executive Officer and determine his salary
and term of service, provided however, that in the event it is found to be
impracticable for the Board to secure an appointee acceptable to the Chair-
man, the Government of the United States of America may provide an Execu-
tive Officer and such assistants as may be deemed necessary to ensure the
effective operation of the program. The Executive Officer shall be responsible
for the direction and supervision of the Board's programs and activities in
accordance with the Board's resolutions and directives. In his absence or dis-
ability, the Board may appoint a substitute for such time as it deems neces-
sary or desirable.
Article 10
The decisions of the Board in all matters may, in the discretion of the Sec-
retary of State of the United States of America, be subject to his review.
Article ll8
The Government of the Republic of the Philippines shall within thirty ( 30 )
days of the date of the signature of the present agreement, deposit with the
Treasurer of the United States of America, an amount of the currency of
the Government of the Republic of the Philippines equivalent to Two Hun-
dred Thousand Dollars ($200,000 — United States currency). On January
1, 1948, and on each succeeding January 1, the Government of the Republic
of the Philippines shall similarly deposit an amount of the currency of the
Government of the Republic of the Philippines equivalent to Two Hundred
Thousand Dollars ($200,000 — United States currency) until an aggregate
amount equivalent to Two Million Dollars ( $2,000,000 — United States cur-
rency) shall have been so deposited. The aggregate amount of Two Million
Dollars shall be increased by any unexpended portion of the sum set forth in
Article 5 G ( 1 ) of the Sales Agreement which may become available for cul-
tural, research, instruction, and other educational activities. The rate of ex-
Tor amendments to art. 11, see agreements of Apr. 2 and 8, 1948 (TIAS 1745), post,
p. 131, and Sept. 18 and Oct. 3, 1958 (9 UST 1444; TIAS 4138).
128 PHILIPPINES
change to be used in determining the amount of currency of the Government
of the Republic of the Philippines which shall be considered equivalent to
Two Hundred Thousand Dollars ($200,000 — United States currency) shall
be the rate agreed upon from time to time by the Government of the United
States of America and the Government of the Republic of the Philippines
for transactions pursuant to Article 5 C of the Sales Agreement.
The Secretary of State of the United States of America will make avail-
able to the Foundation currency of the Government of the Republic of the
Philippines in such amounts as may be required by the Foundation, but in
no event in excess of the budgetary limitation established pursuant to Article 3
of the present agreement.
Article 12
Furniture, equipment, supplies, and any other articles intended for the
official use of the Foundation shall be exempt in the territory of the Republic
of the Philippines from customs duties, excises, and surtaxes, and every other
form of taxation.
All funds and other property used for the purposes of the Foundation, and
all official acts of the Foundation within the scope of its purposes shall like-
wise be exempt from taxation of every kind in the territory of the Republic
of the Philippines.
Article 13
The Government of the Republic of the Philippines shall extend to citizens
of the United States of America residing in the Philippines and engaged in
educational activities under the auspices of the Foundation such privileges
with respect to exemption from taxation, and other burdens affecting the
entry, travel, and residence of such persons as are extended to Filipino citizens
residing in the United States of America engaged in similar activities.
Article 14
Wherever, in the present agreement, the term "Secretary of State of the
United States of America" is used, it shall be understood to mean the Secre-
ary of State of the United States of America or any officer or employee of
the Government of the United States of America designated by him to act in
his behalf.
Article 15
The present agreement may be amended by the exchange of diplomatic
notes between the Government of the United States of America and the Gov-
ernment of the Republic of the Philippines.
EDUCATIONAL EXCHANGE— MARCH 23, 1948 129
Article 1 6
The present agreement shall come into force upon the date of signature.
In witness whereof the undersigned, being duly authorized thereto by
their respective Governments, have signed the present agreement.
Done at Manila this 23 day of March 1948.
For the Government of the United States of America:
Emmet O'Neal
Ambassador Extraordinary and Plenipotentiary
of the United States of America to the
Republic of the Philippines
For the Government of the Republic of the Philippines:
Elpidio Quirino
Vice President of the Philippines
and concurrently
Secretary of Foreign Affairs
MILITARY CEMETERIES
Exchange of notes at Manila March 31 and April 1, 1948, implementing
agreement of March 14, 1947 1
Entered into force April 1, 1948
[For text, see 3 UST 485; TIAS 2406.]
'TIAS 1775, ante, p. 55.
130
FINANCING OF EDUCATIONAL EXCHANGE
PROGRAM
Exchange of notes at Manila April 2 and 8, 1948, amending agreement
of March 23, 1948
Entered into force April 8, 1948
Superseded by agreement of March 23, 1963 1
62 Stat. 1895 ; Treaties and Other
International Acts Series 1745
The American Ambassador to the Secretary of Foreign Affairs
Embassy of the
United States of America
no. 1177 April 2, 1948
Excellency:
I have the honor to refer to the first two sentences of Article 1 1 of the Ful-
bright Agreement 2 between the Government of the United States of
America and the Government of the Republic of the Philippines for the use
of funds made available in accordance with the agreement between the Gov-
ernment of the Republic of the Philippines and the Government of the
United States of America for the sale of surplus war property, which are
worded as follows :
"The Government of the Republic of the Philippines shall within thirty
(30) days of the date of the signature of the present agreement, deposit with
the Treasurer of the United States of America, an amount of the currency
of the Government of the Republic of the Philippines equivalent to Two
Hundred Thousand Dollars ($200,000 — United States currency). On
January 1, 1948, and on each succeeding January 1, the Government of
the Republic of the Philippines shall similarly deposit an amount of the
currency of the Government of the Republic of the Philippines equivalent
to Two Hundred Thousand Dollars ($200,000 — United States currency)
until an aggregate amount equivalent to Two Million Dollars ($2,000,000 —
United States currency) shall have been so deposited."
114UST352;TIAS5321.
"Agreement signed at Manila Mar. 23, 1948 (TIAS 1730, ante, p. 123).
131
132 PHILIPPINES
In view of the fact that it is the intent of this agreement to use the equiva-
lent of $200,000 (United States currency) in Philippine currency each year
for a period of ten years for the support of cultural and educational activities
under the Fulbright Act and that the deposit of this sum of money by the
Government of the Republic of the Philippines with the Treasurer of the
United States within thirty days of the signature of the agreement will meet
the expenses of the program for the year 1948, it is suggested that the second
sentence quoted above be amended to read as follows :
"On January 1, 1949, and on each succeeding January 1, the Govern-
ment of the Republic of the Philippines shall similarly deposit an amount of
the currency of the Government of the Republic of the Philippines equivalent
to Two Hundred Thousand Dollars ($200,000 — United States currency)
until an aggregate amount equivalent to Two Million Dollars ($2,000,000 —
United States currency) shall have been so deposited."
Upon the receipt of a note from Your Excellency stating that the foregoing
suggestion is acceptable to the Government of the Republic of the Philippines,
the Government of the United States of America will consider that the sub-
ject agreement has been so amended.
Accept, Excellency, the renewed assurances of my highest consideration.
Emmet O'Neal
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs of the
Republic of the Philippines
The Secretary of Foreign Affairs to the American Ambassador
rES
AIRS
Manila, April 8, 1948
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OP FOREIGN AFFAIRS
Excellency:
I have the honor to refer to Your Excellency's note No. 1 177 dated April 2,
1948, which reads as follows:
[For text of U.S. note, see above.]
In reply, I wish to state that the suggestion contained in your above-quoted
note is acceptable to the Government of the Republic of the Philippines
and my Government will consider that the second sentence of Article 11
EDUCATIONAL EXCHANGE— APRIL 2 AND 8, 1948 133
of the Fulbright Agreement between our two Governments has been so
amended.
Accept, Excellency, the renewed assurances of my highest consideration.
Bernabe Africa
His Excellency
Emmet O'Neal
American Ambassador
United States Embassy
Manila
EXCHANGE OF PUBLICATIONS
Exchange of notes at Manila April 12 and June 7, 1948
Entered into force June 7, 1948
Amended by agreement of December 2 and 20, 1965 l
62 Stat. 2024; Treaties and Other
International Acts Series 1767
The American Ambassador to the Secretary of Foreign Affairs
Embassy of the
United States of America
no. 1226 April 12, 1948
Excellency:
I have the honor to refer to the conversations which have taken place
between representatives of the Government of the United States of America
and representatives of the Government of the Republic of the Philippines
in regard to the exchange of official publications, and to inform Your Ex-
cellency that the Government of the United States of America agrees that
there shall be an exchange of official publications between the two Govern-
ments in accordance with the following provisions:
1 . Each of the two Governments shall furnish regularly a copy of each
of its official publications which is indicated in a selected list prepared by
the other Government and communicated through diplomatic channels
subsequent to the conclusion of the present agreement. The list of publica-
tions selected by each Government may be revised from time to time and
may be extended, without the necessity of subsequent negotiations, to include
any other official publication of the other Government not specified in the
list, or publications of new offices which the other government may establish
in the future.
2. The official exchange office for the transmission of publications of
the Government of the United States of America shall be the Smithsonian
Institution. The official exchange office for the transmission of publications
of the Government of the Republic of the Philippines shall be the Bureau
of Public Libraries.
M6UST 1909; TIAS 5921.
134
EXCHANGE OF PUBLICATIONS— APRIL 12 AND JUNE 7, 1948 135
3. The publications shall be received on behalf of the United States of
America by the Library of Congress and on behalf of the Republic of the
Philippines by the Bureau of Public Libraries.
4. The present agreement does not obligate either of the two govern-
ments to furnish blank forms, circulars which are not of a public character,
or confidential publications.
5. Each of the two Governments shall bear all charges, including postal,
rail and shipping costs, arising under the present agreement in connection
with the transportation within its own country of the publications of both
Governments and the shipment of its own publications to a port or other
appropriate place reasonably convenient to the exchange office of the other
Government.
6. The present agreement shall not be considered as a modification of any
existing exchange agreement between a department or agency of one of the
Governments and a department or agency of the other Government.
Upon the receipt of a note from Your Excellency indicating that the fore-
going provisions are acceptable to the Government of the Republic of the
Philippines, the Government of the United States of America will consider
that this note and your reply constitute an agreement between the two
Governments on this subject, the agreement to enter into force on the date
of your note in reply.
Accept, Excellency, the renewed assurances of my highest consideration.
Emmet O'Neal
His Excellency
Elpidio Quirino,
Secretary of Foreign Affairs of the
Republic of the Philippines
The Secretary of Foreign Affairs to the American Charge a1' Affaires
ad interim
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
Manila, June 7, 1948
Sir:
With reference to the Ambassador's note of April 12, 1948, and to the
conversations between representatives of the Government of the Republic
of the Philippines and representatives of the Government of the United
States of America in regard to the exchange of official publications, I have
the honor to inform you that the Government of the Republic of the Phil-
ippines agrees that there shall be an exchange of official publications between
the two Governments in accordance with the following provisions :
[For text of provisions, see numbered paragraphs above.]
136 PHILIPPINES
The Government of the Republic of the Philippines considers that your
note and this reply constitute an agreement between the two Governments
on this subject, the agreement to enter into force on the date of this note.
Accept, Sir, the renewed assurances of my high consideration.
Bernabe Africa
Undersecretary
The Honorable
Thomas H. Lockett
United States Charge d' Affaires a.i.
Manila
NAVAL CHARTER FOR LEASE OF VESSELS
Exchange of notes at Manila September 26 and December 9, 1947, and
May 6 and June 7 ' , 1948, modifying agreement of March 21, 1947
Entered into force June 7, 1948
62 Stat. 3870 ; Treaties and Other
International Acts Series 1954
The American Ambassador to the Secretary of Foreign Affairs
Embassy of the
United States of America
no. 0039 September 26, 1947
Excellency:
I have the honor to refer to the Agreement Between the Government of the
United States of America and the Government of the Philippines on Military
Assistance to the Philippines signed at Manila on March 21, 1947 1 and to
enclose a form of Naval Charter for the lease of vessels made available by the
United States Navy to the Government of the Philippines under the terms of
that Agreement. The Embassy believes that Your Excellency's Government
will find the terms of the proposed Charter, which was prepared under the
direction of the Chief of Naval Operations of the United States, satisfactory
and will be prepared to designate the person who shall sign the agreement in
behalf of the Government of the Philippines. The Commander, U.S. Naval
Forces Philippines has been designated as the person to sign the Charter in
behalf of the United States.
Your Excellency will observe that Article I of the Charter proposes that the
Charter shall remain in effect until terminated by mutual agreement, but in
no event beyond the termination date of Public Law No. 454 of the 79th
Congress of the United States, Second Session,2 or any extension thereof. This
is in accordance with Article 5 of the aforementioned Military Assistance
Agreement which specifies that title to vessels furnished under the terms of the
Agreement on a nonreimbursable basis shall remain in the United States.
Your Excellency will also observe that Article IX of the proposed Charter
provides that notwithstanding the provisions of Article 5 of the Military As-
sistance Agreement, the owners and the charterers, that is to say the Govern-
ment of the United States and the Government of the Philippines, may agree
as to any or all of the vessels covered by the Charter that title be transferred
to the charterers under the provisions of the above-cited Public Law No. 454.
JTIAS 1662, ante, p. 84.
'60 Stat. 315.
137
138 PHILIPPINES
Should Your Excellency's Government desire to enter into such an agree-
ment for the transfer of the title to any or all of the vessels as an exception to
and notwithstanding the provisions of Article 5 of the Military Assistance
Agreement, I am authorized by my Government to make and confirm such an
agreement by an exchange of notes on the understanding that such action ap-
plies only to naval vessels covered by the proposed Charter and does not
establish a precedent for future transfers that may be made of other vessels or
of other equipment, which transfers in the absence of special agreements such
as that proposed herein, would be guided by Article 5 of the Military Assist-
ance Agreement.
As soon as the competent authorities of Your Excellency's Government
have had an opportunity to study the terms of the proposed Charter, which,
it is hoped and believed, will be found acceptable in its present form, I shall
be happy to receive your comments together with the decision of the Govern-
ment of the Republic of the Philippines as to whether it desires to take title to
the vessels in question. In the event that the decision of Your Excellency's
Government is in the affirmative, it is suggested that this note and such affirm-
ative reply be accepted as constituting an agreement to modify the provisions
of Article 5 of the Military Assistance Agreement with respect to this par-
ticular transaction.
Accept, Excellency, the renewed assurances of my highest consideration.
Emmet O'Neal
Enclosure:
Draft of proposed Charter
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs for the
Republic of the Philippines
NAVAL CHARTER FOR LEASE OF VESSELS UNDER UNITED STATES PUBLIC
LAW 45 4 7 9TH CONGRESS3
In consideration of the mutual interest in matters of common defense, The
Government of the United States (hereinafter referred to as "the Own-
ers" ) represented by the acting pursuant to ( 1 ) the authority
of and in compliance with United States Public Law 454, 79th Congress, 2nd
Session, approved June 26, 1946, and of the directions of the President of the
United States, ( 2 ) the agreement between the Government of the Republic
of the Philippines and the Government of the United States of America on
military assistance, dated March 21, 1947, and the related agreement as to
military bases,4 and (3) the concurrence of the Secretary of State of the
* The charter was completed and signed at Manila July 2, 1948.
* Agreement signed at Manila Mar. 14, 1947 (TIAS 1775, ante, p. 55).
LEASE OF VESSELS— SEPTEMBER 26, 1947-JUNE 7, 1948 139
United States, hereby leases and the Government of the Republic of the
Philippines (hereinafter referred to as "the Charterers") acting by and
through , hereby accepts for the period and upon the terms and
conditions stated herein, the vessels (including ships, boats, barges, and
floating drydocks) identified on lists annexed hereto, or which in the future
may be annexed hereto, upon agreement of the Owners and the Charterers.
Article I
This charter shall operate with respect to each vessel covered thereby, from
the date of the delivery of such vessel to the Charterers and shall continue
until terminated by mutual agreement between the Owners and the
Charterers, but in no event beyond the termination date of United States
Public Law 454, 79th Congress, 2nd Section or any extension thereof.
Article II
Each vessel, together with its available on board spares and allowances in-
cluding consumable stores and fuel, shall be or has heretofore been delivered
to the Charterers on an "as is, where is" basis, at a time mutually agreed or to
be agreed upon ; delivery in either event to be evidenced by a delivery certif-
icate in the form prescribed by the Secretary of the Navy. The Charterers
shall have the use of all outfitting, equipment, appliances, fuel, consumable
stores and spare and replacement parts belonging to the Owners on board
each such vessel at the time of its delivery. The fuel and consumable stores
on board the vessel at the time of redelivery shall become the property of the
owners.
Article III
Each vessel is a Naval vessel of the Government of the United States which
has been administratively determined to be excess to requirements; and the
Government of the United States therefore makes no representation or war-
ranty as to the condition of said vessels, and the said vessels shall be accepted
by the Charterers "as is, where is", at the time of delivery thereof; and the
Owners shall not be liable to the Charterers by reason of anything arising out
of the physical condition of any such vessels.
Article IV
The Charterers shall on delivery place each vessel under their own flag,
but the title to the vessel shall not thereby be affected.
Article V
The Charterers may, for military purposes and at their own expense, re-
move or alter any of the fittings or arrangements on board any of the vessels
and may erect any new things which may be required by the Charterers.
140 PHILIPPINES
Article VI
All vessels during the currency of this charter shall be at the absolute dis-
posal and under the complete control of the Charterers; the Charterers shall
hold harmless and indemnify the Owners against any and all costs, expenses,
losses, damages, and claims (including those arising by reason of the transfer
or use of Bofors 40 mm guns or guns of similar types made or produced under
or pursuant to an agreement dated June 21, 1941 between the Government
of the United States of America and Aktisbolaget Bofors), regardless of the
nature thereof, arising out of or connected with the transfer, use, and opera-
tion of the vessel, and whether or not said liability arises out of contract or
tort; and nothing contained herein shall be construed to give rise to or to
permit or to confer or recognize the existence of any lien of any character
against any of such vessels, but the Charterers shall indemnify and hold harm-
less the Owners by reason of any lien liabilities that may be chargeable to or
asserted against any such vessel.
Article VII
Upon the expiration of this charter, or upon prior redelivery of any vessels,
each vessel, unless lost, shall be redelivered at a port of the United States of
America or other location as may be designated by the Owners in such con-
dition as the vessel is in at the termination of its operational service. Should
any vessel during the currency of this charter sustain any damage from
any cause whatsoever, as in the opinion of the Charterers render it expedient
to treat her as a total loss, the Charterers shall, where practicable, consult
with the Owners before declaring her to be a total loss.
Article VIII
It is understood and agreed that, in the event of a total loss of any vessel
subject to this Charter, all right, title and interest of the Owners in and to
such vessel shall vest in the Charterers as of the date of the loss thereof.
Article IX
Notwith standing the provisions of Article V [5] of the agreement be-
tween the Government of the Republic of the Philippines and the Govern-
ment of the United States of America on military assistance dated March 21,
1947 and this Charter, the Owners and the Charterers may agree, as to any
or all of the vessels covered by this Charter, that title be transferred to
the Charterers under the provisions of United States Public Law 454, 79th
Congress, 2nd Session. In the event that it is agreed that title to any or all
of the vessels covered by this Charter be transferred to the Charterers,
such vessels shall be stricken from the list of vessels covered by this Charter
LEASE OF VESSELS— SEPTEMBER 26, 1947-JUNE 7, 1948 141
and transfer of title shall be evidenced by a delivery certificate or docu-
ment in a form to be prescribed by the Secretary of the Navy, and shall
be made upon the express condition that the Government of the Republic
of the Philippines will hold harmless and indemnify the Government of
the United States, its officers, agents, servants and employees against any
and all claims, demands, losses, damages, expenses and costs regardless of
the nature thereof, arising out of or connected with the transfer of title to
such vessel or vessels or the use and operation thereof by the Government
of the Republic of the Philippines, whether or not said liability arises out
of contract or tort ; and without limiting the generality of the foregoing, will
hold harmless and indemnify the Government of the United States, its
officers, agents, servants and employees against any and all claims, demands,
expenses, damages and costs arising or growing out of transfer to the Gov-
ernment of the Republic of the Philippines of Bofors 40 mm guns or guns of
similar type made or produced under or pursuant to an agreement dated
June 21, 1941 between the Government of the United States of America and
Aktiebolaget Bofors.
Article X
The Charterers shall not, without the consent of the Owners, sell or trans-
fer or assign this charter or any interest therein or make any arrangement
whereby the maintenance, management or operation of any of the vessels
is to be performed by anyone not an officer, employee, or agent of the
Charterers.
Article XI
The Charterers shall not, as to any vessels covered by this Charter or
as to any vessels title to which is transferred pursuant to Article IX hereof,
relinquish physical possession of or transfer title to any of the vessels, equip-
ment, outfitting, appliances or spare and replacement parts on board, with-
out the specific consent of the President of the United States and shall not
( 1 ) permit use of any of the vessels or property so transferred, ( 2 ) disclose
any plan, specification or other information pertaining thereto, or ( 3 ) dis-
close any technical information furnished, by or to anyone not an officer,
employee, or agent of the Government of the Republic of the Philippines;
and security classifications covering such equipment will be safeguarded
in accordance with the requirements imposed thereon by the Secretary of
the Navy.
Article XII
As long as this Charter shall remain in effect the Government of the Repub-
lic of the Philippines shall not engage or accept the services of any personnel
142 PHILIPPINES
of any Government other than the United States of America for duties
of any nature connected with the use and operation of the vessels trans-
ferred pursuant to this Charter, except by mutual agreement between the
Government of the Republic of the Philippines and the Government of the
United States of America.
Done at this For and on behalf of the Government
day of 1947. of the United States of America:
Done at this For and on behalf of the Government
day of 1947. of the Republic of the Philippines:
DELIVERY CERTIFICATE
In accordance with the Charter between the Government of the United States
of America and the Government of the Republic of the Philippines dated
covering the transfer of Naval vessels and equipment pursuant
to Public Law 454^79th Congress, the undersigned, as authorized representative of the
Navy of the Republic of the Philippines, accepts the below described craft, together
with its on board equipment, stores and fuel from authorized
representative of the United States Navy.
U.S. NAVAL TYPE DESIGNATION NAME PHILIPPINE NAME
For the Philippine Navy
Instructions: Delivery Certificate to be executed in quadruplicate. Original to be for-
warded to BuShips, copy to BuSandA (Foreign Accounts Division) ; CNO (Op—414) ;
Copy to Philippine Representative.
The Secretary of Foreign Affairs to the American Ambassador
LIPPINES
IN AFFAIRS
Manila, December 9, 1947
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
Excellency :
I have the honor to refer to your note of September 26, 1947, enclosing a
copy of the proposed "Naval Charter for Lease of Vessels" between the Re-
public of the Philippines and the United States of America for consideration
of the appropriate authorities of my Government.
After a study of the proposed agreement, I am happy to inform you that
the draft is satisfactory to the Philippine Government with the exception of
the following observations :
LEASE OF VESSELS— SEPTEMBER 26, 1947-JUNE 7, 1948 143
(a) That the lists of vessels referred to in the first paragraph of the note
which will be annexed to the agreement shall include only such vessels as
may be selected by the Republic of the Philippines acting through the Chief of
Staff of the Armed Forces of the Philippines.
(b) That the vessels so selected by the Republic of the Philippines
through its Chief of Staff of the Armed Forces shall be accepted by the
charterers in A-l operational condition complete with all items of equip-
ment, appliances, fuel, consumable stores and spare and replacement parts in
accordance with the standard table of allowances.
With the above understanding, I shall be ready to sign the agreement in behalf
of my Government.
My Government appreciates the opportunity accorded to the Republic of
the Philippines to own the vessels covered by the agreement in accordance
with the provisions of Article IX of the draft. I shall convey to the Embassy
in due course the decision of the Philippine Government as to the acquisition
of title to the vessels in question.
I have also been recently informed that the present training unit of the
United States Navy consisting of eight officers and twenty-eight enlisted men
who are assisting the present Off -Shore Patrol Training Center at Cavite in
the training of the personnel of the Philippine Off-Shore Patrol will be dis-
banded on or before January 1, 1948 due to lack of statutory funds for their
maintenance. The United States Naval Training Unit has been rendering
invaluable services to the Off -Shore Patrol Training Staff and its withdrawal
will seriously interrupt the training program of the Off -Shore Patrol which is
just starting and growing.
I wish to recall in this connection that Article 6 (d) of the Military Assist-
ance Agreement provides for making available selected facilities of United
States Army and Navy Training establishments to provide training for key
personnel of the Philippine armed forces and in order to comply with the
spirit and purpose of the said agreement between our two Governments, I
have the honor to suggest that the present United States Naval Training Unit
be either retained or absorbed by the United States Military Advisory Group.
Accept, Excellency, the renewed assurances of my highest consideration.
Elpidio Quirino
His Excellency Emmet O'Neal
American Ambassador
United States Embassy
Manila
308-5S2— 73 11
144 PHILIPPINES
The American Charge d'Affaires ad interim to the Secretary
of Foreign Affairs
Embassy of the
United States of America
no. 1335 May 6, 1948
Excellency:
I have the honor to advert to Your Excellency's note of December 9, 1947
referring to the Ambassador's note No. 0039, September 26, 1947 in regard
to a proposed agreement by exchange of notes which would cover the transfer
of title, notwithstanding the provisions of Article V of the Military Assistance
Agreement of March 21, 1947, to certain naval vessels which would be made
available under charter to the Philippine Government by the United States
Navy in accordance with the terms of the latter Agreement.
The second paragraph of Your Excellency's note states, referring to the
form of "Naval Charter for Lease of Vessels under United States Public Law
454, 79th Congress" as an "Agreement" :
"After a study of the proposed agreement, I am happy to inform you that
the draft is satisfactory to the Philippine Government with the exception of
the following observations :
" (a) That the lists of vessels referred to in the first paragraph of the note
which will be annexed to the agreement shall include only such vessels as may
be selected by the Republic of the Philippines acting through the Chief of
Staff of the Armed Forces of the Philippines.
"(b) That the vessels so selected by the Republic of the Philippines
through its Chief of Staff of the Armed Forces shall be accepted by the
charterers in A— 1 operational condition complete with all items of equipment,
appliances, fuel, consumable stores and spare and replacement parts in ac-
cordance with the standard table of allowances.
"With the above understanding, I shall be ready to sign the agreement in
behalf of my Government."
A copy of Your Excellency's note having been sent to the Commander,
United States Naval Forces, Philippines, the latter commented to his superiors
at Washington as follows :
"(a) The provision that only such vessels as may be selected by the
Republic of the Philippines will be transferred under the charter, is agreeable
to this command.
"(b) The provision that such vessels as are selected by the Republic of
the Philippines shall be in A-l condition, complete with all items of equip-
ment, appliances, fuel, consumable stores and spare and replacement parts
in accordance with the standard table of allowances, is not in accordance with
LEASE OF VESSELS— SEPTEMBER 26, 1947-JUNE 7, 1948 145
present directives. Neither the basic agreement under which the vessels are
being transferred nor the proposed procedure for the charter require the
U. S. Government to furnish fuel or consumable stores on a non-reimbursable
basis. Items of equipment, appliances and spare parts are furnished on a basis
of whether or not they are in the area and excess to the needs of the Navy.
"(c) This command is necessarily guided in the entire vessel transfer
program by directives from higher authority. Such directives, to date, specify
that every attempt shall be made to make vessels scheduled for transfer
operable in so far as possible. No funds are available for a greater amount
of work nor for the supplying of stores or spares which would have to be
procured elsewhere than from Navy excess stocks."
The Chief of Naval Operations on April 15, 1948 expressed concurrence
with the foregoing comments by COMNAVPHIL upon the Philippine
reservations, as copied above, and, in turn, I have been authorized by the
Secretary of State of my Government to convey those views to Your Excellency
as representing the decision of that highest professional United States Navy
authority.
Assuming the continuance of the interest of the Department of National
Defense in acquiring the vessels in question, it would seem only fair to report
to Your Excellency that information has informally come to the Embassy
that, because of impending appropriation expirations, it would be desirable
to arrange to take deliveries before June 30, 1948.
Accept, Excellency, the renewed assurances of my highest consideration.
Thomas H. Lockett
Charge d' Affaires ad.
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs of the
Republic of the Philippines
The Undersecretary of Foreign Affairs to the American Charge d' Affaires
ad interim
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
Manila, June 7, 1948
Sir:
I wish to refer to His Excellency the United States Ambassador's note
(1335) of May 6, 1948, in connection with our note of December 9, 1947
replying to the Ambassador's note of September 26, 1947, regarding a pro-
posed agreement by exchange of notes which would cover the transfer
146 PHILIPPINES
of title, notwithstanding the provisions of Article V of the Military Assistance
Agreement of March 21, 1947, to certain naval vessels which would be
made available under charter to the Philippine Government by the United
States Navy in accordance with the terms of the latter Agreement.
The third and fourth paragraphs of the Ambassador's note of May 6, 1948,
in considering the Philippine reservations expressed in the second paragraph
of our note of December 9, 1947, state:
"A copy of Your Excellency's note having been sent to the Commander,
United States Naval Forces, Philippines, the latter commented to his supe-
riors at Washington as follows :
'(a) The provision that only such vessels as are selected by the Republic
of the Philippines will be transferred under the charter, is agreeable to this
command.
'(b) The provision that such vessels as are selected by the Republic of
the Philippines shall be in A-l condition, complete with all items of equip-
ment, appliances, fuel, consumable stores and spare and replacement parts
in accordance with the standard table of allowances, is not in accordance with
present directives. Neither the basic agreement under which the vessels are
being transferred nor the proposed procedure for the charter require the U.S.
Government to furnish fuel or consumable stores on a non-reimbursable basis.
Items of equipment, appliances and spare parts are furnished on a basis of
whether or not they are in the area and excess to the needs of the Navy.
'(c) This command is necessarily guided in the entire vessel transfer
program by directives from higher authority. Such directives, to date, specify
that every attempt shall be made to make vessels scheduled for transfer
operable in so far as possible. No funds are available for a greater amount of
work nor for the supplying of stores or spares which would have to be pro-
cured elsewhere than from Navy excess stocks.'
"The Chief of Naval Operations on April 15, 1948 expressed concurrence
with the foregoing comments by COMNAVPHIL upon the Philippine
reservations, as copied above, and, in turn, I have been authorized by the
Secretary of State of my Government to convey those views to your Ex-
cellency as representing the decision of that highest professional United
States Navy authority."
I am glad to inform you that, after proper consideration by the appropriate
Philippine authority, tthe Government of the Republic of the Philippines
hereby accepts the conditions of transfer as hereinabove set forth by the Com-
mander, United States Naval Forces, Philippines, and concurred in by the
Chief of Naval Operations of the United States, in so far as they affect the
provisions of the proposed "Naval Charter for Lease of Vessels under United
States Public Law No. 454, 79th Congress".
LEASE OF VESSELS— SEPTEMBER 26, 1947-JUNE 7, 1948 147
My Government also hereby expresses its desire to take title to the vessels
in question and to enter into such an agreement for the transfer of title to any
or all of the vessels as an exception and notwithstanding the provisions of
Article V of the Military Assistance Agreement, on the understanding that
such action applies only to naval vessels covered by the proposed Charter
and does not establish a precedent for future transfers that may be made of
other vessels or of other equipment, which transfers in the absence of special
agreements such as that provided for herein, would be guided by Article V
of the Military Assistance Agreement. My Government considers the Am-
bassador's notes of September 26, 1947 and May 6, 1948 and our note of
December 9, 1947 as constituting an agreement to modify the provisions of
Article V of the Military Assistance Agreement with respect to this particular
transaction.
It will therefore be highly appreciated if appropriate steps may be taken
by the Embassy for an expeditious transfer of title of these vessels to the
Republic of the Philippines in accordance with Article IX of the proposed
charter so that we may have full authority to use these vessels in any way
deemed expedient. The Honorable, the Secretary of National Defense, an
official of this Government, will be designated to sign the agreement in be-
half of the Government of the Republic of the Philippines.
Accept, Sir, the renewed assurances of my high consideration.
Bernabe Africa
Undersecretary
Thomas H. Lockett, Esquire
Charge d' Affaires, a. i.
American Embassy
Manila
FINANCE
Arrangement signed at Quezon City June 30, 1948
Entered into force June 30, 1948
Modified by arrangement of July 11, 1949, x and agreements of Novem-
ber 6, 1950? and March 27, 1961 3
[For text, see 1 UST 767 ; TIAS 2151.]
MUST 769; TIAS 2151.
MUST 765; TIAS 2151.
M2 UST 297; TIAS 4715.
148
RIGHTS OF PRIORITY IN PATENT
APPLICATIONS
Exchange of notes at Washington February 12 and August 4 and 23,
1948
Entered into force August 23, 1948
62 Stat. 3461 ; Treaties and Other
International Acts Series 1861
The Secretary of State to the Philippine Ambassador
The Secretary of State presents his compliments to His Excellency the
Ambassador of the Philippines and has the honor to refer to the problem of
the application to United States citizens of certain rights of priority in the
filing of patent applications under the Philippine Patent Law.
The United States Patent Law, R.S. 4887 (title 15, [35], USC Sec. 32)
contains a clause similar to one found in Section 15 of the Philippine Patent
Law, Republic Act 165. In both cases the law provides that the right of
priority is accorded to "... a foreign country which, by treaty, convention,
or law, affords similar privileges . . ." It is felt that the presence of similar
provisions in the patent laws of the United States and the Philippines satisfies
the requirement of reciprocity. A statement by the appropriate Philippine
officials to the effect that Section 15 of the Philippine Patent Law applies to
United States citizens will be considered sufficient for the United States to
recognize that Section 32 of the United States Patent Law is applicable to
citizens of the Philippines.
Assuming that the procedure outlined above is satisfactory, the question
of the war-caused delay in the use of the right of priority arises. Section 76
of the Philippine Patent Law extends the right of priority for the filing of
patents which accrued during the war period on a reciprocal basis with
countries according substantially the same privileges to citizens of the
Philippines. The Boykin Act (United States Public Law 690, 79th Congress)
contains substantially the same provisions and, upon a statement by the
appropriate Philippine officials indicating that Section 76 of the Philippine
Patent Law is applicable to citizens of the United States, the United States
Patent Office could apply Section 1 of the Boykin Act to citizens of the
Philippines. It should be noted, however, that the present expiration date
of the extension of the right of priority under the Boykin Act is February 29,
149
150 PHILIPPINES
1948. Unless a further extension of time is provided for by Congressional
action, benefits of the Act will apply only to cases filed before February 29,
1948.
Department of State
Washington, February 12, 1948
R.V.
The Secretary of State to the Philippine Ambassador
The Secretary of State presents his compliments to His Excellency the Am-
bassador of the Philippines and has the honor to refer to the Department's
note of February 12, 1948 concerning the application to United States citi-
zens of certain rights of priority in the filing of patent applications under
the Philippine Patent Law.
This problem has again been brought to the attention of the Department of
State by nationals of the United States seeking to obtain patents in the Philip-
pines based upon original filings in the United States. In attempting to secure
a filing date for the Philippine application equivalent to the United States
filing date, these United States nationals have been informed that the right
of priority in filing patent applications can be extended to them only when
proof of reciprocity in the United States for Philippine nationals has been
communicated to the Philippine Government.
As stated in the Department's note of February 12, the United States
Patent Law, R. S. 4887 (title 15 [35], USC Sec. 32), contains a clause similar
to one embodied in Section 15 of the Philippine Patent Law, Republic Act
165. In each instance the respective laws provide that the right of priority is
accorded to "... a foreign country which, by treaty, convention, or law, af-
fords similar privileges . . ." It is the view of this Government that the pres-
ence of similar provisions in the patent laws of the United States and the
Philippines satisfies the requirement of reciprocity. A statement by the appro-
priate officer of the Philippines to the effect that Section 15 of the Philippine
Patent Law applies to United States citizens will be considered sufficient to
enable the United States to recognize that Section 32 of the United States
Patent Law is applicable to citizens of the Philippines.
This Government is of the further view that the course of action suggested
above will work to the mutual advantage of both nations by eliminating the
burdensome requirement of proof of reciprocity in the case of each individual
patent application. Accordingly, this Government trusts that the course of
action suggested will meet with the approval of the Government of the
Philippines.
Department of State
Washington, August 4, 1948
R.P.T.
PATENT APPLICATIONS— FEBRUARY 12-AUGUST 23, 1948 151
The Philippine Ambassador to the Secretary of State
Washington
August 23, 1948
Excellency:
I have the honor to refer to the notes of the Department of State dated
February 12 and August 4, 1948 concerning the application to United
States citizens of certain rights of priority in the filing of patent applications
under the Philippine Patent Law.
It is stated in the Department's note of February 12, 1948 and reiterated
in its note of August 4, 1948, that the United States Patent Law, R.S. 4887
(title 15 [35], USC Sec. 32) contains a clause similar to one found in Section
15 of the Philippine Patent Law, Republic Act 165, that in both cases the law
provides that the right of priority is accorded to "x x x a foreign country
which, by treaty, convention, or law affords similar privileges x x x," and that
it is felt that the presence of similar provisions in the patent laws of the United
States and the Philippines satisfies the requirement of reciprocity.
It is further stated in the notes under reference that it is the view of the
United States Government that a statement by the appropriate Philippine offi-
cials to the effect that Section 15 of the Philippine Patent Law applies to
United States citizens would be considered sufficient for the United States
to recognize that Section 32 of the United States Patent Law is applicable to
the citizens of the Philippines.
I am pleased to inform Your Excellency that my Government has in-
structed me to convey to your Government that the following text of the 3rd
indorsement of the Director of the Philippines Patent Office dated May 26,
1 948 and concurred in by the Department of Commerce and Industry of my
Government, represents the official position of the Philippine Government on
the matter :
Respectfully returned, thru the Honorable, the Secretary of Commerce
and Industry, to the Honorable, the Secretary of Foreign Affairs, Manila.
In view of the statement of the Honorable, the Secretary of State of the
United States that, under the U.S. Patent Law, R. S. 4887 (Title 15, USC
Sec. 32), the Government of the United States accords to citizens of the
Philippines the same privileges as those which Section 15 of the Philippine
Patent Law (Rep. Act No. 165, approved June 20, 1947) accords to
foreigners, the Philippines Patent Office will consider the said Section 15 of
the Philippine Patent Law applicable to citizens of the United States effective
as of June 20, 1947.
In view of the statement of the Honorable, the Secretary of State of the
United States that the U.S. Patent Office could consider the United States
Boykin Act (which grants to foreigners substantially the same patent prior
rights as those which Section 76 of the Philippine Patent Law accords to
308-582—73 '12
152 PHILIPPINES
foreigners) applicable to citizens of the Philippines up to February 29, 1948,
the Philippines Patent Office will likewise regard Section 76 of the Philippine
Patent Law (Rep. Act No. 165) applicable to citizens of the United States
whose patent applications were received at the Philippines Patent Office be-
tween June 20, 1947 and February 29, 1948, both dates inclusive.
It is the understanding of my Government that the aforesaid note of Feb-
ruary 12, 1948 of the Department of State, as reiterated by its note of August
4, 1948, and this note signifying my Government's assent thereto shall consti-
tute an agreement between the Republic of the Philippines and the United
States on patents.
Accept, Excellency, the renewed assurances of my most distinguished
consideration.
J. M. Elizalde
His Excellency
George C. Marshall
Secretary of State
PAYMENT OF PUBLIC AND PRIVATE CLAIMS
Agreement signed at Manila August 27, 1948
Entered into force August 27, 1948
Expired June 30, 1950, and April 30, 1951 1
62 Stat. 2819; Treaties and Other
International Acts Series 1814
Agreement between the United States of America and the Republic
of the Philippines Regarding the Payment of Public and Prfvate
Claims
Whereas, the Government of the United States of America has enacted
Public Law 370, 79th Congress, approved April 30, 1946,2 known as the
Philippine Rehabilitation Act of 1946, as amended, hereinafter called the
"Act", which Act created the Philippine War Damage Commission, and
Whereas, Title I of said Act provides for the payment of private claims
for war damage in the Philippines under the terms and conditions of said
Title I, and
Whereas, Section 304 of said Act provides that
"The Philippine War Damage Commission, within the limits of the
appropriations allocated to it for carrying out the provisions of this section,
is authorized to compensate the Commonwealth of the Philippines (or the
Republic of the Philippines), the provincial governments, chartered cities,
municipalities, and corporations wholly owned by the Commonwealth of the
Philippines (or the Republic of the Philippines), in the Philippines, for
physical loss of or damage to public property in the Philippines occurring after
December 7, 1941 (Philippine time), and before October 1, 1945, as a result
of the perils listed in section 102(a) hereof, in any case in which compensation
for such losses or the rebuilding, repair, or replacement of the lost or damaged
property is not provided for by the transfer of surplus property under section
201 hereof, or provided for under the provisions of this title other than this
section or otherwise provided for by the United States Government or any
department or agency thereof. To the fullest extent practicable, the Commis-
1 In accordance with terms of art. XIII.
" 60 Stat. 128.
153
154 PHILIPPINES
sion shall require that any lost or damaged property for which it decides to
award compensation under this section shall be rebuilt, replaced, or repaired
before payments of money are actually made to claimants under this section.
The Commission in its discretion may request the Federal Works Agency or
the Corps of Engineers of the United States Army to undertake, after con-
sultation with the Philippine Government, the rebuilding, repair, or replace-
ment of property for which the Commission awards compensation under this
section, and, from the funds available for carrying out the provisions of this
section, may transfer to such Agency or Corps of Engineers the funds neces-
sary to pay for the work requested. The Federal Works Agency and the Corps
of Engineers are authorized to rebuild, repair, or replace property in accord-
ance with any such request of the Commission and to expend the funds so
transferred to them for such purpose. The Commission shall have full power
to select, and fix the priority of, cases in which compensation will be awarded
or property rebuilt, repaired, or replaced under this section, and to determine
the amount of such compensation and the extent to which such property will
be rebuilt, repaired, or replaced, taking into account the relative importance
of various projects to the reconstruction and rehabilitation of the economy
of the Philippines and such other factors as the Commission deems relevant";
and
Whereas, the Government of the Republic of the Philippines is desirous
of availing itself of the benefits and facilities which are authorized by Title I
and Section 304 of said Act ;
Now, therefore, the Government of the United States of America and
the Government of the Republic of the Philippines have decided to conclude
an agreement for the foregoing purposes and have agreed mutually as follows :
Article I
The responsible agent of the Government of the United States of America
for effectuating the provisions of this Agreement shall be the Philippine War
Damage Commission, hereinafter called the "Commission", which may dele-
gate to any duly authorized representative or representatives all or any part
of its authority and responsibility for effectuating the provisions of this
Agreement.
Article II
The responsible agent of the Government of the Republic of the Philippines
for effectuating the provisions of this Agreement shall be the Secretary of
Public Works and Communications, hereinafter called the "Secretary", who
may delegate to any duly authorized representative or representatives all or
any part of his authority and responsibility for effectuating the provisions of
this Agreement.
CLAIMS— AUGUST 27, 1948 155
Article III
In carrying out Section 304 of the Act, the Commission shall select, and
fix the priority of, public claim for which compensation will be awarded or
property rebuilt, repaired, or replaced from the list of approved public claims
submitted by the Secretary. In all cases where the Commission authorizes
funds for rebuilding, repairing, or replacing public property the funds shall
be paid into the Treasury of the Republic of the Philippines to be kept
separate and apart from all other public funds and used solely for each
approved public claim. The rebuilding, repairing, or replacing of all public
property for which funds have been made available by the Commission shall
be the responsibility of the Secretary.
Article IV
Before undertaking the rebuilding, repairing, or replacing of any public
building, the Secretary shall submit all plans and specifications thereof to the
Commission for its approval. The Commission shall have the right to require
reports or other data necessary for its purposes, including the right to inspect
the work and all books or records maintained in connection therewith. Where
the work is performed by contract, the Commission shall have the right to
disapprove any unsatisfactory bid or contractor. In accordance with existing
policies of the Republic of the Philippines, contractors who are citizens of the
United States of America shall have equal rights with contractors who are
citizens of the Republic of the Philippines on all rehabilitation projects fi-
nanced by the Commission and no authorized funds shall be used to pay
convict or other forced labor.
Article V
Before undertaking any work for which funds have been authorized by
the Commission, the Secretary shall assure himself that all the conditions of
Section 304 of the Act have been met and that funds authorized by the
Commission are sufficient to complete the work for which funds are author-
ized, or a useful unit thereof. After a project is initiated, if such funds are
found to be in excess of the requirements, such excess shall be returned to the
Commission, and if the funds are found to be insufficient the Government
of the Republic of the Philippines shall complete the work, or a useful unit
thereof, from its own funds. The Commission shall not be obligated to ad-
vance funds except as the work progresses and the Commission is satisfied
that all the terms of this Agreement are being met.
Article VI
The Government of the Republic of the Philippines shall provide all lands,
easements, and rights-of-way necessary for the execution of the public proj-
ects under the program set forth in Section 304 of the Act. No funds shall be
156 PHILIPPINES
used for the purchase of materials, equipment, or supplies which have been
made available or shall be made available from surplus property provided for
by Title II of the Act.
Article VII
The United States of America or the Commission shall have the right
O
to undertake legal action in the Philippines to recover funds which the Com-
mission is obligated to recover under the provisions set forth in Sections 107
and 108 of the Act, or other claims where the Commission is entitled to
recover funds from private individuals or legal entities in the Philippines
and no court costs or other charges shall be made in connection with such
action.
Article VIII
The Government of the Republic of the Philippines shall cooperate with
the Commission in providing necessary office space and facilities, and ade-
quate housing accommodations for its United States citizen personnel and
their families at reasonable rates.
Article IX
The Government of the Republic of the Philippines shall save harmless
all officers and employees of the Commission from damage suits or other
civil actions arising out of the performance of their duties under this
Agreement.
Article X
Officers, employees, and agents of the Government of the United States
of America who are citizens of the United States and who are on duty or
who may be assigned to duty in the Republic of the Philippines under the
provisions of the present Agreement, and their families, shall be permitted to
move freely into and out of the Republic of the Philippines, subject to exist-
ing visa and passport regulations. Gratis transit shall be extended to all
officers, employees or agents of the Commission over all bridges, ferries, roads,
and other facilities of the highways where tolls are collected for passage of
vehicles or occupants.
Article XI
Pending the conclusion of negotiations now being considered by the United
States of America and the Republic of the Philippines, no import, excise,
consumption, or other tax, duty, or impost shall be levied on funds or property
in the Republic of the Philippines owned by the Commission and used for
the purposes of the present Agreement ; or on funds, materials, supplies, and
equipment imported into the Republic of the Philippines for use in connec-
tion with such purposes; nor shall any such tax, duty, or impost be levied
on personal funds or property, not intended for resale, imported into the
CLAIMS— AUGUST 27, 1948 157
Republic of the Philippines for the use or consumption of Commission per-
sonnel who are United States citizens ; nor shall any export or other tax be
placed on any such funds or property, including United States Government
property, in the event of its removal from the Republic of the Philippines.
Article XII
All commitments made in this Agreement on the part of the Govern-
ment of the United States of America shall be subject to the availability of
appropriated funds made by the Government of the United States of
America.
Article XIII
This Agreement shall become effective on the date of its signature and
continue in effect until June 30, 1950, for the purposes enumerated in Sec-
tion 304 of the Act and until April 30, 1951, for the purposes of Title I of
the Act. This Agreement may be extended, revised, amended, or changed in
whole or in part with the approval of both parties as indicated and effected
by an exchange of notes. Either party may terminate this Agreement by
giving to the other party ninety days' notice in writing through diplomatic
channels.
In witness whereof the undersigned, duly authorized thereto, have
signed this Agreement in duplicate at Manila, this 27th day of August, 1948.
For the Government of the United States of America :
Thomas H. Lockett
Charge d' Affaires ad interim of the
United States of America at Manila
For the Government of the Republic of the Philippines:
RlCARDO NEPOMUCENO
Secretary of Public Works
and Communications
AIR TRANSPORT SERVICES
Exchange of notes at Manila August 27, 1948, amending agreement of
November 16, 1946
Entered into force August 27, 1948
Terminated March 3, 1960 1
62 Stat. 3023; Treaties and Other
International Acts Series 1844
The American Charge dy Affaires ad interim to the Acting Secretary
of Foreign Affairs
Embassy of the
United States of America
No 1S80 Manila, August 27, 1948
Excellency :
I have the honor to refer to the exchange of correspondence concerning
the desire of your Government to have Guam designated as a traffic stop on
the route served by the Philippine Air Lines and to confirm the understand-
ing of the Government of the United States of America that it has been
mutually agreed between the Government of the Republic of the Philippines
and the Government of the United States of America that section "B" of
the annex to the Air Transport Agreement between the two Governments
signed on November 16, 1946,2 shall be amended to read as follows:
"B. Airlines of the Republic of the Philippines authorized under the
present Agreement are accorded the rights of transit and nontraffic stop in
United States territory, as well as the right to pick up and discharge inter-
national commercial traffic in passengers, cargo and mail at Guam, Honolulu
and San Francisco on the route indicated below :
"From the Philippines to San Francisco and thence to points beyond over
a reasonably direct route via intermediate points in the Pacific which are
United States territory, including Guam and Honolulu, in both directions."
Upon receipt of a note from Your Excellency indicating that your Govern-
1 Pursuant to notice of termination given by the Philippines Feb. 26, 1959.
*TIAS 1577, ante, p. 37.
158
AIR TRANSPORT SERVICES— AUGUST 27, 1948 159
ment agrees to the amendment of the Air Transport Agreement between the
Republic of the Philippines and the United States of America signed on
November 16, 1946, as set forth herein, the Government of the United States
of America will consider that this note and your reply thereto constitute an
agreement between the two Governments to this amendment, the agree-
ment to enter into force on the date of Your Excellency's note.
Accept, Excellency, the renewed assurances of my highest consideration.
Thomas H. Lockett
Charge d' Affaires a.i.
His Excellency
Bernabe Africa
Acting Secretary of Foreign Affairs
Republic of the Philippines
The Acting Secretary of Foreign Affairs to the American Charge d' Affaires
ad interim
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
Manila, August 27, 1948
Sir:
I have the honor to acknowledge receipt of the note of the American
Embassy of August 27, 1948, the substantive portion of which reads as
follows :
[For text, see above.]
In reply, I am pleased to state that my Government agrees to the above-
quoted amendment and to its entering into force on the date of this note.
Accept, Sir, the renewed assurances of my high consideration.
Bernabe Africa
Acting Secretary
The Honorable
Thomas H. Lockett
Charge d' Affaires a.i.
United States Embassy
Manila
COPYRIGHTS
Exchange of notes at Washington October 21, 1948, with texts of
proclamations
Entered into force October 21, 1948
62 Stat. 2996; Treaties and Other
International Acts Series 1 840
The Philippine Ambassador to the Acting Secretary of State
Embassy of the Philippines
Washington
October 21, 1948
Excellency:
In accordance with instructions from my Government, I have the honor
to invite your attention to section 10(b) of the Philippine Copyright Law
(Act No. 3134 of the Philippine Legislature) under which, as amended by
Republic Act No. 76, the benefits of the aforementioned Act No. 3134 may
be extended to the work of a proprietor who is not a citizen of the Philip-
pines only when the foreign state or nation of which such proprietor is a
citizen or subject grants, either by treaty, convention, agreement, or law,
to citizens of the Philippines the benefit of copyright protection substantially
equal to the protection secured to such foreign proprietor under that Act.
Since section 10(b) of the Philippine Copyright Law is similar to para-
graph (b), section 9 of Title 17 of the United States Code, codified and
enacted into positive law by the Act of Congress, approved July 30, 1947
(61 Stat. 652), it is the desire of my Government to enter into reciprocal
copyright relations with the Government of the United States of America
whereby the benefits of the copyright laws of our respective countries are
extended to the citizens of the other country.
With a view to assuring the Government of the United States of America
of reciprocal benefits for authors and proprietors of the United States, the
President of the Republic of the Philippines has issued a proclamation, a
copy of which is enclosed herewith, proclaiming that citizens of the United
States are entitled on and after this date to obtain copyright for their works
in the Republic of the Philippines, including rights similar to those provided
160
COPYRIGHTS— OCTOBER 21, 1948 161
by section 1(e) of the above-mentioned Title 17 of the United States Code.
This proclamation comes into effect today, the date on which it is under-
stood that the President of the United States of America shall proclaim
that citizens of the Republic of the Philippines are entitled to all the benefits
of the aforementioned Title 17 of the United States Code, including the
provisions of section 1(e) thereof, but excepting the provisions embodied
in the second paragraph of section 9(b) of that Title regarding the exten-
sion of time for fulfilling copyright conditions and formalities.
The Government of the Republic of the Philippines is prepared, if this
proposal is acceptable to the Government of the United States of America,
to regard the present note and Your Excellency's reply to the same effect as
establishing reciprocal copyright relations between the two Governments on
this day.
Accept, Excellency, the renewed assurances of my distinguished
consideration.
J. M. Elizalde
Enclosure :
Copy of Proclamation
His Excellency
Robert A. Lovett
Acting Secretary of State
BY THE PRESIDENT OF THE PHILIPPINES
Proclamation No. 99
EXTENDING COPYRIGHT PRIVILEGES AND PROTECTION TO CITIZENS OF THE
UNITED STATES
Whereas, it is provided by an Act of the Philippine Legislature, Act No.
3134, entitled "An Act to Protect Intellectual Property", otherwise known as
the Copyright Law of the Philippines, approved March 6, 1924, as amended
by Republic Act No. 76, approved October 21, 1946, that the copyright se-
cured by the Act shall extend to the work of a proprietor, who is not a citizen
of the Philippines, only upon certain conditions set forth in Section 10 of the
Act, to wit:
"(a) When an alien proprietor shall be domiciled within the Philippine
Islands at the time he makes application for copyright; or
"(b) When the foreign state or nation of which such proprietor is a
citizen or subject grants, either by treaty, convention, agreement, or law, to
citizens of (the United States or of) the Philippine Islands the benefit of
copyright protection substantially equal to the protection secured to such
foreign proprietor under this Act; or
"(c) When such foreign state or nation is a party to an international
162 PHILIPPINES
agreement which provides for reciprocity in the granting of copyright and
that (the United States or) the Philippine Islands may become a party
thereto."
Whereas, the Act of Congress, approved July 30, 1947, (61 Stat. 652)
entitled "An Act to Codify and Enact into Positive Law Title 17 of the
United States Code, 'Copyright' ", provides that the copyright secured by
the said Act and the benefits under Section 1(e) thereof, as to which special
conditions are imposed, shall extend to the work of an author or proprietor
who is a citizen or subject of a foreign state or nation, only upon certain
conditions set forth in Section 9 of the Act, to wit :
"(a) When an alien author or proprietor shall be domiciled within the
United States at the time of the first publication of his work ; or
"(b) When the foreign state or nation of which such author or proprietor
is a citizen or subject grants, either by treaty, convention, agreement, or law,
to citizens of the United States the benefit of copyright on substantially the
same basis as to its own citizens, or copyright protection, substantially equal
to the protection secured to such foreign author under this title or by treaty ;
or when such foreign state or nation is a party to an international agreement
which provides for reciprocity in the granting of copyright, by the terms of
which agreement the United States may, at its pleasure, become a party
thereto."
Whereas, satisfactory official assurances have been received that, on and
after October 21, 1948, pursuant to the aforementioned Act of Congress,
approved July 30, 1947, (61 Stat. 652), citizens of the Philippines are en-
titled to obtain copyright protection for their works in the United States
which is substantially equal to the protection afforded by the copyright laws
of the Philippines and which is afforded on substantially the same basis as
to the citizens of the United States ;
Now, therefore, I, Elpidio Quirino, President of the Philippines, do
hereby declare and proclaim:
That on and after October 21, 1948, the conditions specified in section 10
(b) of the aforementioned Act No. 3134 of the Philippine Legislature of
March 6, 1924, do exist and are fulfilled in respect of the citizens of the
United States and that on and after October 21, 1948, citizens of the United
States shall be entitled to all the benefits of the said Act;
Provided, That the enjoyment by any work of the rights and benefits con-
ferred by the said Act shall be conditional upon compliance with the require-
ments and formalities prescribed with respect to such works by the copyright
laws of the Philippines.
In witness whereof, I have hereunto set my hand and caused the seal
of the Republic of the Philippines to be affixed.
COPYRIGHTS— OCTOBER 21, 1948 163
Done in the City of Manila, this 21st day of October, in the year of Our
Lord, nineteen hundred and forty-eight, and of the Independence of the
Philippines, the third.
[seal] Elpidio Quirino
President of the Philippines
By the President:
Emilio Abello
Executive Secretary
The Acting Secretary of State to the Philippine Ambassador
Department of State
Washington
October 21, 1948
Excellency :
I have the honor to acknowledge the receipt of your note of today's date
in which you refer to section 10(b) of the Philippine Copyright Law (Act
No. 3134 of the Philippine Legislature) under which, as amended by Repub-
lic Act No. 76, the benefits of the aforementioned Act No. 3134 may be ex-
tended to the work of a proprietor who is not a citizen of the Philippines only
when the foreign state or nation of which such proprietor is a citizen or sub-
ject grants, either by treaty, convention, agreement, or law, to citizens of the
Philippines the benefit of copyright protection substantially equal to the
protection secured to such foreign proprietor under that Act.
You express the desire of the Government of the Republic of the Philip-
pines, since section 10(b) of the Philippine Copyright Law is similar to
paragraph (b), section 9 of Title 17 of the United States Code, codified and
enacted into positive law by the Act of Congress approved July 30, 1947 (61
Stat. 652), to enter into reciprocal copyright relations with the Government
of the United States of America whereby the benefits of the copyright laws
of our respective countries are extended to the citizens of the other country.
You add that with a view to assuring the Government of the United States
of America of reciprocal benefits for authors and proprietors of the United
States, the President of the Republic of the Philippines has issued a procla-
mation, a copy of which accompanies your note under acknowledgment,
proclaiming that citizens of the United States are entitled on and after this
date to obtain copyright for their works in the Republic of the Philippines,
including rights similar to those provided by section 1(e) of the aforemen-
tioned Title 17 of the United States Code.
You state that this proclamation comes into effect today, the date on
which it is understood that the President of the United States of America
shall proclaim that citizens of the Republic of the Philippines are entitled to
164 PHILIPPINES
all the benefits of the aforementioned Title 17 of the United States Code,
including the provisions of section 1(e) thereof, hut excepting the provisions
embodied in the second paragraph of section 9(b) of that Title regarding
the extension of time for fulfilling copyright conditions and formalities.
You further state that the Government of the Republic of the Philippines
is prepared, if this proposal should be accepted by the Government of the
United States of America, to regard the note under acknowledgment and
this Government's reply thereto to that effect as establishing reciprocal copy-
right relations between the two Governments on this day.
I have the honor to inform you that, with a view to giving effect to the
commitment proposed in the note under acknowledgment, the President
of the United States of America has issued today a proclamation, a copy of
which is enclosed herewith, declaring and proclaiming, pursuant to the pro-
visions of section 9 of the aforesaid Title 17 of the United States Code, on the
basis of the assurances set forth in your note and the proclamation enclosed
therewith, that on and after October 21, 1948, the conditions specified in
sections 9(b) and 1 (e) of the aforementioned Title 17 of the United States
Code will exist and will be fulfilled in respect of citizens of the Republic of
the Philippines and that on and after October 21, 1948, citizens of the
Republic of the Philippines shall be entitled to all the benefits of the said Title
1 7, but excepting the provisions embodied in the second paragraph of section
9(b) of that Title regarding the extension of time for fulfilling copyright con-
ditions and formalities. The proclamation imposes the conditions that ( 1 )
the enjoyment by any work of the rights and benefits conferred by the said
Title 17 shall be conditional upon compliance with the requirements and
formalities prescribed with respect to such works by the copyright law of the
United States, and (2) the provisions of section 1(e) of the said Title 17, so
far as they secure copyright controlling parts of instruments serving to repro-
duce mechanically the musical work, shall apply only to compositions pub-
lished after July 1, 1909, and which have been reproduced for use on any
contrivance by means of which the work may be mechanically performed.
The Government of the United States of America accordingly considers
that reciprocal copyright relations have been established between the Repub-
lic of the Philippines and the United States of America and are in force as
of today's date.
Accept, Excellency the renewed assurances of my highest consideration.
Robert A. Lovett
Acting Secretary of State
Enclosure :
Copy of proclamation.
His Excellency
Joaquin M. Elizalde
Ambassador of the Philippines
COPYRIGHTS— OCTOBER 21, 1948 165
Copyright — Philippines
by the president of the united states of america
a proclamation
Whereas Title 17 of the United States Code, entitled "Copyrights", has
been codified and enacted into positive law by the act of Congress approved
July 30, 1947, 61 Stat. 652;
Whereas section 9 of the said Title 1 7 provides in part that the copyright
secured by such title shall extend to the work of an author or proprietor who
is a citizen or subject of a foreign state or nation only :
"(a) When an alien author or proprietor shall be domiciled within the
United States at the time of the first publication of his work ; or
"(b) When the foreign state or nation of which such author or proprietor
is a citizen or subject grants, either by treaty, convention, agreement, or law,
to citizens of the United States the benefit of copyright on substantially the
same basis as to its own citizens, or copyright protection, substantially equal
to the protection secured to such foreign author under this title or by treaty;
or when such foreign state or nation is a party to an international agreement
which provides for reciprocity in the granting of copyright, by the terms of
which agreement the United States may, at its pleasure, become a party
thereto.";
Whereas section 1 of the said Title 17 provides in part as follows:
"Any person entitled thereto, upon complying with the provisions of this
title, shall have the exclusive right :
"(e) To perform the copyrighted work publicly for profit if it be a
musical composition; . . . Provided, That the provisions of this title, so far
as they secure copyright controlling the parts of instruments serving to repro-
duce mechanically the musical work, shall include only compositions pub-
lished and copyrighted after July 1, 1909, and shall not include the works of
a foreign author or composer unless the foreign state or nation of which such
author or composer is a citizen or subject grants, either by treaty, convention,
agreement, or law, to citizens of the United States similar rights." ;
Whereas section 9 of the said title further provides that "the existence
of the reciprocal conditions aforesaid shall be determined by the President of
the United States, by proclamation made from time to time, as the purposes
of this title may require." ;
Whereas the Philippine Copyright Law, No. 3134, approved March 6,
1924, provides by section 10 (b) that the provisions of the said law shall
extend to the work of a proprietor who is not a citizen of the Republic of the
Philippines only:
166 PHILIPPINES
"When the foreign state or nation of which such proprietor is a citizen or
subject grants, either by treaty, convention, agreement, or law, to citizens of
the United States or of the Philippine Islands the benefit of copyright protec-
tion substantially equal to the protection secured to such foreign proprietor
under this act;";
Whereas in Republic Act No. 76, approved October 21, 1946, it is pro-
vided by section 1 that :
"Existing laws or the provisions of existing laws granting privileges, rights
or exemptions to citizens of the United States of America or to corporations
or associations organized under the laws of any of the states of the United
States of America, which are not enjoyed by citizens or nationals of any other
foreign state or by corporations or associations organized under the laws of
such state, are hereby repealed unless they affect rights already vested under
the provisions of the Constitution or unless extended by any treaty, agreement
or convention between the Republic of the Philippines and the United States
of America.";
And whereas satisfactory official assurances have been received that on
and after October 21, 1948, pursuant to the aforementioned Law No. 3134,
as amended by the aforesaid Republic Act No. 76, citizens of the United
States will be entitled to obtain copyright protection for their works in the
Republic of the Philippines which is substantially equal to the protection
afforded by the copyright laws of the United States and which is afforded on
substantially the same basis as to the citizens of the Republic of the Philippines,
including rights similar to those provided by section 1 (e) of the said Title 17
of the United States Code :
Now, therefore, I, Harry S. Truman, President of the United States of
America, do declare and proclaim :
That on and after October 21, 1948, the conditions specified in sections 9
(b) and 1 (e) of the aforementioned Title 17 of the United States Code will
exist and will be fulfilled in respect of the citizens of the Republic of the
Philippines, and that on and after October 21, 1948, citizens of the Republic
of the Philippines shall be entitled to all the benefits of the said Title 1 7 except
those conferred by the provisions embodied in the second paragraph of section
9(b) thereof regarding the extension of time for fulfilling copyright conditions
and formalities.
Provided, that the enjoyment by any work of the rights and benefits con-
ferred by the said Title 17 shall be conditioned upon compliance with the
requirements and formalities prescribed with respect to such works by the
copyright laws of the United States :
And provided further, that the provisions of section 1 (e) of the said Title
1 7, so far as they secure copyright controlling parts of instruments serving to
reproduce mechanically the musical work, shall apply only to compositions
COPYRIGHTS— OCTOBER 21, 1948 167
published and copyrighted after July 1, 1909, and reproduced for use on any
contrivance by means of which the work may be mechanically performed.
In witness whereof, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
Done at the City of Washington this 21st day of October in the year of our
Lord nineteen hundred and forty-eight, and of the Independence
[seal] of the United States of America the one hundred and
seventy-third.
Harry S Truman
By the President:
Robert A. Lovett
Acting Secretary of State
FINANCING OF EDUCATIONAL EXCHANGE
PROGRAM
Exchange of notes at Manila December 8 and 20, 1948, amending
agreement of March 23, 1948, as amended
Entered into force December 20, 1948
Superseded by agreement of March 23, 1963 1
62 Stat. 3805 ; Treaties and Other
International Acts Series 1910
The American Charge d'Affaires ad interim to the Secretary of Foreign
Affairs
Embassy of the
United States of America
no. 2266 Manila, December 8, 1948
Excellency:
I have the honor to refer to Article 5 of the Fulbright Agreement 2 between
the Government of the United States of America and the Republic of the
Philippines for the use of funds made available in accordance with the
agreement between the Government of the United States of America and
the Republic of the Philippines for the sale of surplus war property, which
is worded as follows :
"The management and direction of the affairs of the Foundation shall
be vested in a Board of Directors consisting of nine Directors (hereinafter
designated the 'Board' ) .
"The principal officer in charge of the Diplomatic Mission of the United
States of America to the Republic of the Philippines (hereinafter designated
the 'Chief of Mission' ) shall be Honorary Chairman of the Board. He shall
have the power of appointment and removal of members of the Board at
his discretion. The members of the Board shall be as follows: (a) the Chief
Public Affairs Officer of the United States Embassy in the Philippines, Chair-
man; (b) two other members of the Embassy staff, one of whom shall serve
as treasurer; (c) two citizens of the United States of America, one represent-
M4UST352;TIAS5321.
2 Agreement signed at Manila Mar. 23, 1948 (TIAS 1730, ante, p. 123), as amended by
agreement of Apr. 2 and 8, 1948 (TIAS 1745, ante, p. 131).
168
EDUCATIONAL EXCHANGE— DECEMBER 8 AND 20, 1948 169
ative of American business interests in the Philippines and one representative
of American educational interests in the Philippines; and (d) four citizens of
the Philippines, at least two of whom shall be prominent in the field of
education.
"The six members specified in (c) and (d) of the last preceding paragraph
shall be resident in the Philippines and shall serve from the time of their
appointment until the succeeding December 3 1 next following such appoint-
ment. They shall be eligible for reappointment. The United States members
shall be designated by the Chief of Mission; the Philippines members by the
Chief of Mission from a list of names submitted by the Government of the
Republic of the Philippines. Vacancies by reason of resignations, transfer of
residence outside of the Philippines, expiration of term of service, or otherwise
shall be filled in accordance with this procedure.
"The Directors shall serve without compensation, but the Foundation is
authorized to pay the necessary expenses of the Directors in attending meet-
ings of the Board."
The Department of State has reconsidered its policy relating to the pattern
of membership of the Board of Directors of USEFP and now suggests the
following amendment to Article 5, which equalizes the representation of our
two countries on the Board and vests in the Philippine Government the right
to appoint and remove its own representatives. Although the proposed
amendment removes all specifications as to fields of interest to be represented
by appointees, it is hoped to obtain as wide a representation as possible of
private and governmental interests among the representatives of each country.
"The management and direction of the affairs of the Foundation shall
be vested in a Board of Directors consisting of ten Directors (hereinafter
designated the 'Board' ) , five of whom shall be citizens of the United States
of America and five of whom shall be citizens of the Philippines. In addition,
the principal officer in charge of the Diplomatic Mission of the United States
of America to the Republic of the Philippines (hereinafter designated 'the
Chief of Mission') shall be Honorary Chairman of the Board. He shall
cast the deciding vote in the event of a tie vote by the Board and shall appoint
the Chairman of the Board. The citizens of the United States of America on
the Board, at least three of whom shall be officers of the United States Foreign
Sendee establishment in the Philippines, shall be appointed and removed by
the Chief of Mission; the citizens of the Philippines on the Board shall be
appointed and removed by the Government of the Republic of the Philippines.
"The Directors shall serve from the time of their appointment until one
year from the following December 3 1 and shall be eligible for reappointment.
Vacancies by reason of resignation, transfer of residence outside the Philip-
pines, expiration of term of service or otherwise, shall be filled in accordance
with this procedure.
170 PHILIPPINES
"The Directors shall serve without compensation but the Foundation is
authorized to pay the necessary expenses of the Directors in attending the
meetings of the Board."
Upon the receipt of a note from Your Excellency stating that the fore-
going suggestion is acceptable to the Government of the Republic of the
Philippines, the Government of the United States of America will consider
that the subject agreement has been so amended.
Accept, Excellency, the renewed assurances of my highest consideration.
Thomas H. Logkett
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs
Republic of the Philippines
Charge d' Affaires, a.i.
The Acting Undersecretary of Foreign Affairs to the American Charge
d' Affaires ad interim
REPUBLIC OP THE PHILIPPINES
DEPARTMENT OP FOREIGN AFFAIRS
Manila, December 20, 1948
Sir:
I wish to acknowledge receipt of your note No. 2266, dated December 8,
1948, which reads as follows:
[For text of U.S. note, see above.]
and to inform you that the suggested amendment to Article 5 of the Fulbright
Agreement, quoted therein, is acceptable to the Government of the Republic
of the Philippines, and, therefore, as of this date, subject agreement may be
considered so amended.
Accept, Sir, the renewed assurances of my high consideration.
Felino Neri
Acting Undersecretary
The Honorable Thomas H. Lockett
Charge d' Affaires ad interim
United States Embassy
Manila
OCCUPATION OF TEMPORARY QUARTERS
AND INSTALLATIONS
Exchange of notes at Manila March 26 and 28, 1949
Entered into force March 26, 1949
Expired May 15, 1949, in accordance with its terms 1
Department of State files
The American Charge d' Affaires ad interim to the Secretary of Foreign
Affairs
Embassy of the
United States of America
no. 0310(B) Manila, March 26, 1949
Excellency :
I have the honor to refer to the Agreement Between the United States
of America and the Republic of the Philippines Concerning Military Bases
signed at Manila on March 14, 1947 2 and, in particular, to paragraph 1,
Article XXI of that Agreement which limits the right of the United States
to occupy temporary quarters and installations then existing outside the bases
listed in Annex A and Annex B of the Agreement for a reasonable time not
exceeding two years, but which also reserves for my Government the right, if
circumstances require, to negotiate with Your Excellency's Government with
a view to extending the right of the United States armed forces to continued
occupation of temporary quarters and installations beyond the date
March 26, 1949.
My Government has indicated its intention to honor the aforementioned
provisions of the Agreement by opening negotiations with Your Excellency's
Government on March 9, 1949 with a view to relinquishing to the Philip-
pine Government such temporary quarters and installations whose use was
no longer required by the United States armed forces, and further with a view
to requesting the retention by the United States of certain other temporary
quarters and installations, necessary adjuncts to the roll-up program of the
1For extension of term of occupancy, see agreement of May 14 and 16, 1949 (TIAS
1967), post, p. 175.
"TIAS 1775, ante, p. 55.
171
172 PHILIPPINES
United States armed forces in withdrawing to the permanent bases listed in
Annex A of the Agreement. Certain difficulties in concluding mutually satis-
factory agreements regarding these matters have delayed the final formaliza-
tion of the contemplated transfers and authorization for continued occu-
pancy. Therefore I desire to propose to Your Excellency a modus vivendi to
be exchanged between our respective Governments to cover the existing
status quo regarding temporary quarters and installations of the armed forces
of the United States.
"The Government of the Republic of the Philippines recognizes that
the United States has signified its intention to honor the provisions of Ar-
ticle XXI of the Military Bases Agreement by entering into negotiations with
the Philippine Government prior to the date set in that Agreement for the
relinquishment or extension of certain quarters and installations occupied
by the United States Army in the Philippines. Inasmuch as the Philippine
Government recognizes that no mutually satisfactory agreement will be
reached with the United States Government before March 26, 1949 pursu-
ant to paragraph 1 , Article XXI of the Bases Agreement to make legal the
continued occupation of certain quarters and installations in the Philip-
pines by the United States Army after March 26, 1949, the Philippine Gov-
ernment hereby extends the right of the United States Army to continue the
occupation of the temporary quarters and installations as enumerated in
Annex 1 of the proposed Note Two and the annex to the proposed Note
One now being discussed between the two Governments until such time, but
not later than May 15, 1949, as a formal agreement for the extension of such
occupation shall have been reached."
I desire to inform Your Excellency that an acknowledgment of the receipt
of this note stating that the terms of the proposed modus vivendi are accept-
able to the Philippine Government will be considered by the Government of
the United States as acceptance by the Government of the Republic of the
Philippines of the present temporary status quo regarding quarters and
installations in the Philippines presently occupied by the armed forces of
the United States, and outside Annex A and Annex B bases, until such time
as a permanent final agreement may be mutually decided upon.
Accept, Excellency, the renewed assurances of my highest consideration.
Thomas H. Lockett
Charge a" Affaires a. i.
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs
of the Republic of the Philippines
MILITARY BASES— MARCH 26 AND 28, 1949 173
The Undersecretary of Foreign Affairs to the American Charge a" Affaires
ad interim
REPUBLIC OF THE PHILIPPINES
department op foreign affairs
March 28, 1949
Sir:
I am pleased to acknowledge the receipt of your Note No. 0310(B) ex-
pressing the intention of your Government to honor the provisions of the
Military Bases Agreement between the United States of America and the
Republic of the Philippines signed at Manila on March 14, 1947 and, in
particular, of paragraph 1 , Article XXI of that Agreement by opening ne-
gotiations with this Government on March 9, 1 949 with a view to relinquish-
ing to the latter such temporary quarters and installations whose use was no
longer required by the United States armed forces, and further with a view
to requesting the retention by the United States of certain other temporary
quarters and installations, necessary adjuncts to the roll-up program of the
United States armed forces in withdrawing to the permanent bases listed
in Annex A of the Agreement; and proposing a modus vivendi to be ex-
changed between our respective Governments to cover the existing status
quo regarding said temporary quarters and installations in view of certain
difficulties which have delayed the formalization of mutually satisfactory
agreements concerning the contemplated transfers and authorization for
continued occupancy.
In reply, I have the honor to state that in so far as the temporary quarters
and installations enumerated in Annex 1 of the proposed Note Two are
concerned, my Government hereby accepts the proposed modus vivendi
under the following terms and conditions :
[For text of modus vivendi, see U.S. note above.]
As regards the temporary quarters and installations listed in Annex 1 of
Note One, which are admittedly no longer needed by the United States
armed forces, I regret to state that in view of the mandatory provision of
paragraph 1 of Article XXI of the Military Bases Agreement which termi-
nates the right of the United States armed forces to occupy said temporary
quarters and installations at the end of two years, the Philippine Govern-
ment is constrained to consider, as it hereby considers, the aforesaid tem-
porary quarters and installations as delivered to my Government effective
March 27, 1947. According to information facilitated to the Department of
Foreign Affairs by the United States Embassy, these temporary quarters and
installations are on this date no longer being occupied by the United States
armed forces, with the exception of Cuartel de Espafia, Intramuros, Manila,
including the Santa Lucia Barracks, in which only security guards have been
retained awaiting to be replaced by guards of the Philippine Government.
It appearing that the continued occupation of said temporary quarters and
174 PHILIPPINES
installations is no longer required by circumstances of military necessity, the
Executive Branch of my Government is without authority to grant an ex-
tension of time for the continued occupation of the said quarters and
installations.
Accept, Sir, the renewed assurances of my high consideration.
Felino Neri
Undersecretary
The Honorable
Thomas H. Lockett
Charge d' Affaires ad interim
American Embassy
Manila
OCCUPATION OF TEMPORARY QUARTERS
AND INSTALLATIONS
Exchange of notes at Manila May 14 and 16, 1949, amending agree-
ment of March 14, 1947
Entered into force May 16, 1949; operative from March 26, 1949
Terminated upon fulfillment of its terms
63 Stat. 2670; Treaties and Other
International Acts Series 1967
The American Charge d'Affaires ad interim to the Secretary of Foreign
Affairs
Embassy of the
United States of America
no. ooio Manila, May 14, 1949
Excellency :
I have the honor to refer to the Agreement Between the United States of
America and the Republic of the Philippines Concerning Military Bases
signed at Manila on March 14, 1947,1 and, in particular, to paragraph 1,
Article XXI of that Agreement which, while it limits to a period of two years
the term of occupancy by United States armed forces of temporary quarters
and installations existing outside the bases mentioned in Annex A and Annex
B, reserves for my Government the right, if circumstances require, to negotiate
with Your Excellency's Government with a view to extending the right of
United States armed forces to continued occupation of temporary quarters
and installations beyond the date March 26, 1949 for such time as may be
necessary for the completion of adequate facilities for United States armed
forces within the bases provided in the aforementioned Agreement.
I desire to inform Your Excellency that, although the United States Army
has endeavored to concentrate its activities within Annex A bases, delays in
the construction program caused by difficulty in obtaining certain critical
construction items have made it necessary for the United States armed forces
to continue the occupation of a number of temporary installations.
Therefore, in accordance with Article XXI, earlier referred to, my Govern-
ment requests an extension of its right to occupy certain temporary installa-
tions beyond the date March 26, 1949. A list of such installations is trans-
mitted herewith as Annex 1 .
XTIAS 1775, ante, p. 55.
175
308-582—73 13
176 PHILIPPINES
The United States Government agrees that the continued occupancy by
its armed forces of the temporary quarters and installations enumerated in
Section C of Annex 1 attached hereto will in no way prejudice the rights
of the several private owners of such tracts of land in their contractual rela-
tions with the United States Government.
I desire to inform Your Excellency further that certain other temporary
bases and installations occupied by the United States Army under the Bases
Agreement and recently returned to Philippine ownership were not included
in my note No. 0509 2 of this date because they did not exist on United States
Government owned land, but occupied leased or Philippine Government
property. There still remain in this category certain temporary quarters and
installations occupied by the United States Army which will have been made
available for transfer to Your Excellency's Government on or before March
26, 1949 in compliance with paragraph 1, Article XXI of the Military Bases
Agreement.
Accept, Excellency, the renewed assurances of my highest consideration.
Thomas H. Lockett
Charge d' Affaires a. i.
Enclosure :
Annex 1 — List of Properties which the United States
Government Wishes to Retain after March 26, 1949.
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs
of the Republic of the Philippines
ANNEX NO. 1
List of Properties which the United States Government Wishes to
Retain after March 26, 1949.
A. Installations located on United States owned land :
1 . Fort William McKinley (parcels 3 and 4) .
2. Nichols Field Reserved Area (350.60 acres of parcel 2, Fort McKinley Reservation) .
B. Installations located on Philippine Government owned land :
1. Diliman Housing Area, Quezon City, Rizal (to be retained as a military installation
until such time as Palma Hall is completed and occupied by the AGRD for its records and
offices).
C. Installations located on private property:
1. McKinley Housing Colony, Makati, Rizal.
2. Processing and Training Center Area (former Manila Provost Marshal Command
Area) , Mandaluyong, Rizal.
*TIAS 1963, post, p. 178.
MILITARY BASES— MAY 14 AND 16, 1949 177
3. Area at Highway 54 and Pasig Boulevard, to include the 505th Transportation
Truck Battalion Bus Pool, the former Pasig Commissary Area, the former Adjutant General
Printing Plant and Publications Depot Area, and the former 29th Engineer Base Topo-
graphical Battalion Area, Mandaluyong, Rizal.
4. Signal Communications Plant and Distribution System (consists of communication
cables crossing private and Philippine Republic property for which easements must be
retained).
5. WTA Transmitter Station, Tinajeros, Rizal.
6. UMP Relay Station, Santa Mesa Heights, Rizal.
7. WTA Receiver Station, Las Pinas, Rizal.
8. Quartermaster POL Depot, Malibay, Rizal.
9. 141st AACS Transmitter Station, near Fort Stotsenburg-Clark Air Force Base,
Pampanga.
10. Headquarters MANED, and Fisher Apartments at F. B. Harrison and Fisher
Avenue, Rizal City, Rizal. (Headquarters MANED building is property of Philippine
Alien Property Administration. )
1 1. Carabao Wallow, Highway 54, Malibay, Rizal.
The Undersecretary of Foreign Affairs to the American Charge d' Affaires
ad interim
REPUBLIC OP THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
12389 Manila, May 16, 1949
Sir:
I am pleased to acknowledge the receipt of your note No. 510 [0510] of
May 14, 1949, and its enclosure, which note reads as follows:
[For text of U.S. note, see above.]
I am happy to inform you that an agreement in the sense described in the
foregoing note is acceptable to the Government of the Philippines, and that
this Government considers the Embassy's note No. 510 of May 14, 1949 and
its enclosure, together with the present reply thereto as constituting an agree-
ment arrived at between our two Governments in accordance with Article
XXI of the Military Bases Agreement of March 14, 1947 on the subject of
extension of the right of the United States armed forces to occupy certain
temporary installations enumerated in the enclosure Annex 1 beyond the
date March 26, 1949 for such time as may be necessary for the completion of
adequate facilities for United States armed forces within the bases provided in
the aforementioned Military Bases Agreement but shall in no case exceed
a period of three years from March 26, 1949.
Accept, Sir, the renewed assurances of my high consideration.
Felino Neri
Undersecretary
The Honorable Thomas H. Lockett
Charge d' Affaires ad interim
United States Embassy
Manila
TRANSFER OF CERTAIN MILITARY
RESERVATIONS
Exchange of notes at Manila May 14 and 16, 1949; Philippine memo-
randum of May 16, 1949
Entered into force May 16, 1949; operative from March 27, 1949
63 Stat. 2660 Treaties and Other
International Acts Series 1963
Exchange of Notes
The American Charge d' Affaires ad interim to the Secretary of Foreign
Affairs
Embassy of the
United States of America
no. 0509 Manila, May 14, 1949
Excellency :
I have the honor to refer to the Act of the Congress of the United States
of America of March 24, 1934/ more commonly referred to as the
Philippine Independence Act; to the Joint Resolution of the Congress of
the United States of America of June 29, 1944,2 which authorized the
President of the United States of America to acquire bases for the mutual
protection of the United States and of the Philippines; to Joint Resolution
No. 4 of the Congress of the Philippines, approved July 28, 1945, which
authorized the President of the Philippines to enter into negotiations for
the establishment of such bases; to the Treaty of General Relations (includ-
ing the Protocol thereto) Between the United States of America and the
Philippines signed on July 4, 1 946 ; 3 to the Agreement Between the United
States of America and the Republic of the Philippines Concerning Military
Bases signed at Manila on March 14, 1947; 4 and to other legislation
and public acts of the United States of America and of the Philippines
pertinent to the transfer to the Republic of the Philippines, following the
declaration of its independence, of certain United States military bases the
1 48 Stat. 456.
2 58 Stat. 626.
3TI,AS 1568, ante, p. 3.
*TIAS 1775, ante, p. 55.
178
TRANSFER OF MILITARY RESERVATIONS— MAY 14 AND 16, 1949 179
use of which was not reserved to the United States by the aforementioned
Agreement of March 14, 1947, or which have not otherwise been reserved,
encumbered or disposed of, and to inform Your Excellency that, in accord-
ance with its obligations under the aforesaid acts, resolutions and agree-
ment, the Government of the United States of America relinquishes to the
Government of the Philippines the use of, and transfers to that Govern-
ment such right and title to, or interest in, the United States military res-
ervations listed in Annex 1 attached hereto, as the United States may
have therein. There is also annexed hereto a list of the available Executive
Orders and Torrens Certificates of Title whereunder the United States has
claimed title to and possession of the military reservations in the aforemen-
tioned Annex 1 attached hereto.
The Government of the United States recognizes the Philippine Long
Distance Telephone Company as the lawful owner of certain buildings
and installations at Camp Eldridge, Laguna. Therefore I desire to point
out to Your Excellency that these particular installations are excepted
from any of the provisions of this note concerning the turnover of installa-
tions and improvements on the military reservations listed in the aforemen-
tioned Annex 1 attached hereto.
I further desire to inform Your Excellency that the United States Gov-
ernment assures the Philippine Government that it will make no claims
now or in the future against the Philippine Government with a view to
recovering funds expended in the acquisition of title to the temporary bases
and installations included in the military reservations listed in the afore-
mentioned Annex 1 attached hereto.
In hereby making final and formal the transfer of the property listed in
Annex 1 attached hereto, the United States requests that the Republic of
the Philippines assume as of March 27, 1949 all responsibility, risk of
loss, and liability for the care, custody, protection and maintenance of said
property, including liability for damage to person or property sustained on
or after March 27, 1949 as a result of dangerous or defective conditions
existing on or after that date, and the Republic of the Philippines agrees
to indemnify and hold harmless the United States, members of its armed
forces and its civilian employees from the aforesaid responsibility, risk of
loss, and liability. The United States makes no warranty of title to the prop-
erty listed in Annex 1 attached hereto or of the condition of said property
or of its fitness for any other purpose.
In hereby making final and formal the transfer of the military reserva-
tions listed in Annex 1 attached hereto, the United States also requests
that the Republic of the Philippines agree that while it is understood that
the buildings and other improvements located thereon are transferred with-
out charge against or reference to the Surplus Property Agreement signed
180 PHILIPPINES
September 11, 1946,5 this understanding relates only to the transfer of
military reservations covered by this note.6
I am authorized by my Government to state that an acknowledgment
of the receipt of this note containing Your Excellency's assurances that the
terms and conditions thereof are acceptable to Your Excellency's Govern-
ment will be considered by my Government as constituting an agreement
for the relinquishment to the Government of the Philippines of the use,
and the transfer to that Government of such right and title to, and posses-
sion of, the United States military reservations listed in Annex 1 attached
hereto, as the United States may have therein, and as evidence that such
relinquishment or transfer has been fully accomplished.
Accept, Excellency, the renewed assurances of my highest consideration.
Thomas H. Lockett
Charge d' Affaires a.i.
Enclosures:
1. Annex 1 — List of Properties to be Turned Over by
the United States Government to the Philippine
Government on March 26, 1949.
2. List of Executive Orders and Torrens Certificates
of Title.
His Excellency
Elpidio Quirino
Secretary of Foreign Affairs
of the Republic of the Philippines
ANNEX NO. 1
List of Properties To Be Turned Over by the United States Government
to the Philippine Government on March 26, 1949
1 . Augur Barracks ( Zettel Field ) , Jolo, Sulu.
2. Calumpang Point Reservation, Cavite, Luzon.
3. Camp Bumpus, Tacloban, Leyte.
4. Camp Connell, Samar.
5. Camp Downes, Ormoc, Leyte.
6. Camp Eldridge, Los Banos, Laguna, Luzon.
7. Camp Gregg, Bayambang, Pangasinan, Luzon.
8. Camp Keithley (Maguire Field), Dansalan, Mindanao.
9. Camp Overton, Iligan, Lanao, Mindanao.
10. Chromite Ore Deposit, Zambales, Luzon.
1 1 . Cauayan Field, Cauayan, Isabela, Luzon.
12. Cuartel Meisic, Manila.
13. Fort San Pedro, Cebu, Cebu.
14. Fort San Pedro, Iloilo, Panay.
15. Ludlow Barracks, Parang, Cotabato, Mindanao.
16. Malabang Field (portion of Torrey Barracks), Lanao, Mindanao.
17. Momungan Military Reservation, Momungan, Lanao, Mindanao.
18. Nozaleda Military Reservation, Calle Gral. Luna, Manila.
19. Sanborn Field (Sanborn) (Regan Barracks), Daraga, Albay, Luzon.
20. Tagabiran Military Reservation, Catubig, Samar.
21. Warwick Barracks, Cebu, Cebu.
6 43 UNTS 231.
9 For a Philippine memorandum of understanding regarding this paragraph, see p. 184.
TRANSFER OF MILITARY RESERVATIONS— MAY 14 AND 16, 1949 181
22. Wolfe Field, Zamboanga, Mindanao.
23. Nichols Field (all of parcel 1 and parcel 2 less approximately 350.60 acres, Fort
William McKinley Reservation), Rizal, Luzon.
24. Cuartel de Espana, Intramuros, Manila, including Santa Lucia Barracks.
25. Fort Santiago, Manila.
26. Old Medical Supply Depot, Manila.
27. Old Sternberg General Hospital, Manila.
28. Cuartel de Infanteria, including Estado Mayor, Manila.
29. Malate Barracks, Manila.
List of Executive Orders and Titles of Pre-war Mil. Res. To Be
Returned to Phil. Govt.
1. Augur Barracks, Jolo, Jolo.
Executive Orders and Transfer Certificate of Titles for acquisition.
* Ex. Or. Nov. 10, 1904
* " " May 17, 1905
* " " Feb. 14, 1913 No. 1703
* " " May 28, 1929 No. 5129
* TctNo. 19
* " No. 24
Executive Orders reverting portion of res. to Phil. Govt, and Letter placing the
remaining portion under the control of the Phil. Govt.
Ex. Or. Sept. 23, 1924 No. 4077
" " Nov. 18, 1930 No. 5493
* Letter dated Sept. 10, 1917.
AsTURiAS-Sub Post of Augur Barracks
Executive Orders and Transfer Certificate of Titles for acquisition.
* Ex. Or. Nov. 10,1904
* TctNo. 21
* " No. 23
Letter placing under the control of the Phil. Govt.
* Letter dated Sept. 10, 1917. (Included in Augur Barracks)
2. Calumpan Point, Maragondon, Cavite.
Executive Orders for acquisition
* Ex. Or. April 11, 1902
" " Mar. 14, 1904
3. Camp Bumpus, Tacloban, Leyte.
Executive Orders and Transfer Certificate of Titles for acquisition.
* Ex. Or. Sept. 1, 1903
Tct No. 23
" No. 27
" No. 28
" No. 29
" No. 30
" No. 31
" No. 32
" No. 33
" No. 34
" No. 35
" No. 36
" No. 37
4. Camp Connell, Calbayog, Samar.
Executive Order for acquisition
* Ex. Or. Sept. 1, 1903
* G. O. No. 201 Sept. 27, 1907 (Technical description)
5. Camp Downes, Ormoc, Leyte.
Executive Orders and Transfer Certificate of Titles for acquisition.
* Ex. Or. Sept. 1, 1903
* " " Apr. 9, 1907
* " " July 26, 1913 No. 1806
Tct No. 10
" No. 1 1
" No. 46
Letter placing under the control of the Phil. Constabulary letter dated May 27,
1915.
182 PHILIPPINES
6. Camp Eldridge, Los Banos, Laguna
Executive Orders and Transfer Certificate of Titles for acquisition.
* Ex. Or. Sept. 1, 1903
* " " Dec. 6, 1904
* " " Feb. 14, 1916 No. 2316
Tct No. 1
" No. 9
" No. 14
" No. 19
" No. 18
" No. 288
7. Camp Gregg, Bayambang, Pangasinan
Executive Order for acquisition
* Ex. Or. Sept. 1, 1903
8. Camp Keithley, Dansalan, Lanao
Executive Orders for acquisition
* Ex. Or. Jan. 19, 1905
* " " Sept. 26, 1907
Letter placing under the control of the Phil. Govt.
* Letter dated Sept. 10, 1917.
9. Camp Overton, Iligan, Lanao
Executive Orders and Transfer Certificate of Titles for acquisition.
* Ex. Or. July 11, 1903
* " " Dec. 1, 1908
* " " Aug. 31, 1912 -No. 1595
Tct No. 1189
" No. 1190
Letter placing under the control of the Phil. Govt.
* Letter dated Sept. 10, 1917.
10. Chromite Ore Deposit, Zambales.
Executive Order for acquisition
Ex. Or. Aug. 20, 1931 No. 5690
11. Cauayan, Isabela
Executive Order for acquisition
Ex. Or. Jan. 5, 1927.
12. Cuartel Meisic, Manila
Executive Order for acquisition
* Ex. Or. May 17, 1905
13. Fort San Pedro, Cebu, Cebu.
Executive Order for acquisition
* Ex. Or. Sept. 1, 1903
* " " June 17, 1910
General Order Sept. 22, 1905 No. 157
14. Fort San Pedro, Iloilo, Panay
Executive Order and Transfer Certificate of Title for acquisition.
* Ex. Or. Oct. 10, 1903
* " " Sept. 18, 1905
Tct No. 46
69
93
522
523
524
525
Executive Order and Letter placing under the control of the Phil. Govt.
* Ex. Or. Oct. 3, 1906
* Letter dated Sept. 10, 1917.
15. Ludlow Barracks, Parang, Cotabato
Executive Order and Transfer Certificate of Title for Acquisition.
* Ex. Or. Feb. 15, 1904
* " " Mar. 30, 1909
Tct No. 8
" No. 7
" No. 10
" No. 1 1
" No. 12
" No. 18
" No. 40
TRANSFER OF MILITARY RESERVATIONS— MAY 14 AND 16, 1949 183
16. Malabang Field, Lanao, Mindanao
Executive Order for acquisition
Ex. Or. Mar. 20, 1930 No. 5308
17. Mom ungan, Lanao
Executive Order for acquisition
* Ex. Or. Feb. 10, 1915 No. 2136
* " " June 19, 1916 No. 2405
18. Nozaieda, Manila
Executive Order for acquisition
* Ex. Or. Feb. 13, 1911
Executive Order placing portion of reservation under the control of the Phil. Govt.
* Ex. Or. April 15, 1939
19. Sanborn Field, Albay.
Executive Order for acquisition
* Ex. Or. Dec. 19, 1927 No. 4787
20. Tagabiran, Catubig, Samar.
Transfer Certificate of Title for acquisition
Tct No. 1 1
21. Warwick Barracks, Cebu, Cebu
Executive Order for acquisition
* Ex. Or. Sept. 1, 1903
Letter placing under the control of the Phil. Govt.
* Letter dated Sept. 10, 1917
22. Wolfre Field, Zamboanga
Executive Order for acquisition
* Ex. Or. May 28, 1929 No. 5129
23. Fort Wm. McKinley, Rizal
General Order, Deed of Sale and Transfer Certificate of Title for acquisition
* Gen. Or. No. 104, Oct. 3, 1902
Deed of Sale dated Aug. 5, 1902
Tct No. 2288
Executive Order placing portion of Res. under control of the Phil. Govt.
* Ex Or. Feb. 20, 1917 No. 2534
Note No. 559, Dec. 23, 1947 from American Ambassador United States
Embassy to Secretary of Foreign Affairs of the Republic of the Philippines.
24. Old Medical Supply Depot, Manila
Executive Order for acquisition and restoration to the Phil. Govt.
* Ex. Or. Feb. 13, 1911
25. Sternberg Gen. Hosp., Manila
Executive Order for acquisition
* Ex. Or. Feb. 13, 1911
*Typewritten copies of Executive Orders and letters completed. [Footnote in original.]
The Undersecretary of Foreign Affairs to the American Charge d' Affaires
ad interim
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
12388 Manila, May 16, 1949
Sir:
I am pleased to acknowledge the receipt of your note 509 [0509] of
May 14, 1949, and its enclosures, which note reads as follows:
[For text of U.S. note, see above.]
I am happy to inform you that an agreement in the sense described in the
foregoing note is acceptable to the Government of the Philippines; and that
308-582—7:! 14
184 PHILIPPINES
this Government agrees to consider the Embassy's note No. 509 of May 14,
1949, and its enclosures, together with the present reply thereto as constituting
an agreement arrived at between our two Governments on the subject of
relinquishment to the Government of the Philippines of the use; and the
transfer to that Government of such right and title to, and possession of,
the United States military reservations listed in the enclosure Annex 1, as the
United States may have therein, and as evidence that such relinquishment
or transfer has been fully accomplished, effective as of March 27, 1949.
Accept, Excellency, the renewed assurances of my high consideration.
Felino Neri
Undersecretary
The Honorable
Thomas H. Lockett
Charge d: 'Affaires, a.i.
Embassy of the United States
Philippine Memorandum
12428
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
MEMORANDUM
On the understanding of the Philippine Government regarding its accept-
ance of paragraph five of the Embassy's Note No. 509 of May 14, 1949
concerning the relinquishment and transfer to the Republic of the Philip-
pines of temporary quarters and installations listed in Annex No. 1 attached
thereto.
It is the understanding of the Philippine Government that acceptance of
paragraph five of the Embassy's Note No. 509 of May 14, 1949 does not pre-
clude said Government from seeking the consideration of the understanding
enunciated therein with respect to future relinquishment or transfer of United
States military installations.
Department of Foreign Affairs
Manila, May 16, 1949
[Initials illegible]
HOSPITALS AND MEDICAL CARE FOR
PHILIPPINE VETERANS
Agreement signed at Manila June 7, 1949, with exchange of memo-
randums at Manila June 7 and August 5, 1949
Entered into force June 7 , 1949
Modified by agreement of October 6, 1954 1
Superseded July 1, 1958, by agreement of June 30, 1958 2
63 Stat. 2593 ; Treaties and Other
International Acts Series 1949
Agreement between the Government of the United States of
America and the Government of the Republic of the Philippines
on the Construction and Equipping of Hospitals for Veterans
and the Provision of Medical Care and Treatment of Veterans
by the Government of the Philippines, and the Furnishing of
Grants-in-Aid Thereof by the Government of the United States
of America
Whereas, the Congress of the United States by Public Law 865, Eightieth
Congress, approved July 1, 1948, 3 has provided for assistance by grants-in-aid
to the Republic of the Philippines in providing medical care and treatment
for certain veterans, as defined below; and
Whereas, the Government of the Republic of the Philippines is desirous
of taking advantage of the provisions thereof for the purpose of expanding
and improving the program of medical care and hospitalization of those
disabled veterans who come within the purview of Public Law 865, Eightieth
Congress ;
The Governments of the United States and the Republic of the Philippines
have decided to conclude an agreement for the above purposes, the provisions
of which the Government of the United States will incorporate in the regula-
tions to be promulgated pursuant to the provisions of the said Public Law,
and do hereby agree as follows :
15UST2510;TIAS3111.
"9UST987;TIAS4067.
"62 Stat. 1210.
185
186 PHILIPPINES
Title I
PURPOSE AND DURATION
Article 1. Subject to mutual agreement, the necessary Appropriation
Acts of the United States Congress, and such rules and regulations as, from
time to time, may be prescribed by the Administrator of Veterans' Affairs, to
whom the President of the United States has delegated the authority con-
ferred upon him by the aforesaid Act, the Government of the United States
will furnish aid in the form of grants to the Republic of the Philippines in
amounts as prescribed by said Act, as follows :
(a) For the construction and equipping of hospitals in the Philippines
to be used exclusively for medical care and treatment of veterans for service-
connected disabilities, in a total amount of not to exceed $22,500,000.00.
(b) To reimburse the Republic of the Philippines for moneys expended
for the hospitalization of such veterans either in the hospitals so constructed
and equipped, or any other hospitals in the Philippines, as provided in the
aforesaid Act, for a period of not to exceed five years, in a total amount of
not to exceed $3,285,000.00 for any fiscal year (July 1 through June 30). 4
Article 2. Grants for the construction and equipping of a hospital may
be made prior to or following completion of such hospital, subject to the rules
and regulations prescribed by the Administrator of Veterans' Affairs, and
subject to conditions on the receipt of financial aid necessary to carry out the
provisions of the Act, which may be imposed by him.
Title II
DELEGATION OF AUTHORITY
Article 3. The Secretary of National Defense of the Philippine Govern-
ment, under the general direction of the President of the Republic of the
Philippines, shall have full authority to administer, for the Government of
the Republic of the Philippines, all matters relating to the construction and
equipping of hospitals for veterans and the provision of medical care and
treatment for veterans, within the purview of Public Law 865, 80th United
States Congress.
Title III
DEFINITIONS
Article 4. The term "veterans" is agreed to mean persons who have
been determined by the Veterans Administration to have served in the
organized military forces of the Government of the Commonwealth of the
Philippines while such forces were in the service of the armed forces of the
United States pursuant to the military order of the President of the United
States, dated July 26, 1941, including, among such military forces, organized
4 For a modification of art. 1 , para. ( b ) , see 5 UST 2510; TIAS 3111.
MEDICAL CARE FOR VETERANS— JUNE 7, 1949 187
guerrilla forces under commanders appointed, designated, or subsequently
recognized by the Commander-in-Chief, Southwest Pacific Area, or other
competent authority in the Army of the United States, and who were dis-
charged or released from such service under conditions other than
dishonorable.
Article 5. The term "service-connected disabilities" is agreed to mean
any disability which has been determined by the Veterans' Administration to
have resulted from personal injury suffered or disease contracted in service
as defined in Article 4 hereof, or any aggravation of a disability existing prior
to the service as defined, when such aggravation is determined by the
Veterans' Administration to have been suffered or contracted in service as
defined in Article 4, above.
Title IV
GRANTS FOR CONSTRUCTION AND EQUIPPING OF HOSPITALS
Article 6. The Government of the Republic of the Philippines agree to
furnish an adequate building site for each hospital to be constructed under
the terms of this agreement, at no expense to the government of the United
States.
Article 7. Amounts necessarily expended for technical services required
and obtained for preparation of plans and specifications, supervision of con-
struction, and for overhead expenses incident to these functions will be
reimbursed in the form of grants made by the Government of the United
States, if specifically approved by the Administrator of Veterans' Affairs of
the United States. In no event will the total of such amounts exceed 5% of the
total construction cost.
Article 8. The Government of the United States, through such qualified
persons as the Administrator of Veterans' Affairs shall designate, shall inspect
and approve each building site before construction of a hospital thereon is
commenced.
Article 9. The Government of the United States, through such qualified
persons as the Administrator of Veterans' Affairs shall designate, shall have
the right to inspect buildings being constructed under this agreement, at all
stages of construction; to inspect and audit all accounts necessary and incident
to such construction ; and to approve the procedure for letting of contracts
both for hospital construction and the purchase of equipment.
Article 10. As a basis for determining the amount of funds to be granted
for the program embraced by this agreement, there shall be transmitted to the
Administrator of Veterans' Affairs by the Secretary of National Defense of
the Philippine Government as early as may be following the entrance into
force of this agreement, an itemized, detailed description of a hospital, or
hospitals, upon which construction is expected and intended to be com-
menced, together with an accurate, detailed plat or map showing the prospec-
tive location thereof; an estimate of the time expected to be required for
188 PHILIPPINES
building and equipping, information detailing the size of each hospital, its
general plan and conformation and the type of materials intended to be used,
therein, and an estimate of the costs of construction, materials, and equipment.
Article 1 1 . Following the concurrence by the Administrator of Veterans'
Affairs in such preliminary plans, full-scale plans, blueprints and specifications
for all of the buildings and equipment embraced in such data, together with
proposed contract forms and forms of bids to be employed, shall be prepared
by the Secretary of National Defense of the Philippine Government and trans-
mitted for the concurrence of the Administrator of Veterans' Affairs. If
concurred in, the Administrator of Veterans' Affairs shall make to the Govern-
ment of the Philippines such installment-grants as the efficient progress of
the construction program and the need for such equipment may, in his judg-
ment, warrant.
Article 12. Any sums appropriated for the construction and equipping
of hospitals under Public Law 865, 80th United States Congress, remaining
unobligated at the end of any fiscal year shall be permitted to be carried over
to the ensuing fiscal year.
Title V
GRANTS FOR EXPENSES INCIDENT TO HOSPITALIZATION OF VETERANS
Article 13. In the interim period required for the construction of hos-
pitals under this agreement, veterans requiring treatment of service-connected
disabilities may be hospitalized, upon a reimbursement basis, within the terms
of Public Law 865, 80th United States Congress, in such existing hospitals in
the Philippines, as the Secretary of National Defense of the Philippine Gov-
ernment may direct.
Article 14. The question of whether to hospitalize veterans, requiring
treatment for service-connected disabilities, prior to an official determination
of their status and eligibility having been made by the Veterans' Administra-
tion, or whether to require such determination of status and eligibility to be
made prior to hospitalizing them, will be wholly within the discretion of the
Secretary of National Defense of the Philippine Government, depending upon
such contingencies and exigencies as the Secretary of National Defense of the
Philippine Government may deem it appropriate to consider.
Article 15. The Government of the Republic of the Philippines agrees
that upon the receipt of any application for hospitalization under the
terms of Public Law 865, 80th United States Congress, the Veterans' Ad-
ministration shall be furnished a copy thereof, together with such information
relating to the applicant's military service as may be currently available and
full medical information of the disabilities existing for which treatment is
needed, and the Veterans' Administration shall thereupon make due and
diligent effort to determine, without delay the status and eligibility of such
applicant for such hospitalization under the Act, furnishing to the Secretary
of National Defense of the Philippine Government, or such other officer as
MEDICAL CARE FOR VETERANS— JUNE 7, 1949 189
he may designate, an official notification of the determination which has been
made respecting such applicant's eligibility for such hospitalization.
Article 16. In all cases in which it has been officially determined by the
Veterans' Administration that the applicants are eligible for and are receiv-
ing, or subsequent to July 1, 1949, have received hospitalization for service-
connected disabilities upon the authority of the Secretary of National De-
fense of the Philippine Government or other officers duly designated by him
for this purpose, itemized bills covering the cost of such hospitalization will
be furnished to the Veterans' Administration for consideration and award
of payment.
Article 17. The Secretary of National Defense of the Philippine Gov-
ernment will, with the concurrence of the Administrator of Veterans' Affairs,
cause such printed forms of applications for hospitalization, forms of physi-
cal examination reports, forms for billing for services rendered and such other
forms and notices as may be necessary and incident to the efficient execution
of this program, to be prepared, and such approved forms will be used
wherever applicable in the general operation of such program.
Article 18. The Republic of the Philippines will be reimbursed for
moneys expended for hospitalization of eligible veterans at such rates as are
established by the Secretary of National Defense of the Philippine Govern-
ment with the concurrence of the Administrator of Veterans' Affairs. It is
understood that such rates may vary from time to time or from place to
place, but only following agreement on such changes by the Secretary of
National Defense of the Philippine Government and the Administrator of
Veterans' Affairs.
Article 19. The Secretary of National Defense of the Philippine Gov-
ernment shall furnish to the Administrator of Veterans' Affairs, upon his
request, or the request of any officer duly designated by him for such purpose,
full and complete cost-accounting information, copies of medical examina-
tion and treatment reports and any other information deemed by him to be
necessary and incident to the proper application of the terms of this
agreement.
Article 20. The Government of the United States through such qual-
ified persons as the Administrator of Veterans' Affairs may designate, shall
have the right to inspect any hospital in which veterans are being hospitalized
under the terms of this agreement; to inspect and audit its books and all ac-
counts as an incident to the proper determination of cost of and reimburse-
ment for such hospitalization; and to determine whether the hospital facil-
ities, procedures, techniques, hygiene and standards, as well as the quality
of subsistence furnished, are adequate and proportionate to the charges being
made therefor.
Article 2 1 . Appropriations for medical care and treatment for veterans
190 PHILIPPINES
under Public Law 865, 80th United States Congress, will, if unobligated at
the end of the fiscal year, revert to the United States Treasury.
Article 22. No hospital constructed under the terms of Public Law 865,
80th United States Congress, or any part or equipment thereof, shall be
alienated, transferred, sold or assigned, and in the event any such hospital,
part or equipment thereof shall no longer be desirable for use in the program
of hospitalization embraced by this agreement, the disposition thereof shall
be determined by mutual consent of the two Governments.6
Article 23. It is agreed between the two Governments that if the con-
ditions and terms of the agreement are not being met, the Secretary of Na-
tional Defense of the Philippine Government and the Administrator of
Veterans' Affairs or his designee shall enter into immediate consultation with
a view to compliance with said terms and conditions. The initiation of such
consultations by either Government shall not limit or qualify the duty and
obligation of the Administrator of Veterans' Affairs to withhold or suspend
payments when in his judgment such payments would not be in accordance
with the terms of this agreement.
Article 24. It is agreed by the two Governments that the program of
medical care and treatment of veterans under Public Law 865, 80th United
States Congress, may be effective from July 1 , 1 949, or such subsequent date
as may be agreed upon by the two Governments.
Article 25. This agreement shall come into force upon the date of its
signature and remain in force until amended or terminated by subsequent
agreement. Such amendment or revocation may be accomplished by an ex-
change of notes between the two Governments.
Article 26. The Government of the Republic of the Philippines shall
save harmless all officers and employees of the U.S. Veterans Administration
from damage suits or other civil actions arising out of the performance of
their duties under this agreement.
Article 27. Officers, employees, and agents of the Government of the
United States of America who are citizens of the United States and who are
on duty or who may be assigned to duty in the Republic of the Philippines
under the provisions of the present Agreement, and their families, shall be
permitted to move freely into and out of the Republic of the Philippines,
subject to existing visa and passport regulations. Gratis transit shall be ex-
tended to all such officers, employees or agents of the U.S. Veterans Adminis-
tration over all bridges, ferries, roads, and other facilities of the highways
where tolls are collected for passage of vehicles or occupants in the perform-
ance of their official duties.
Article 28. No import, excise, consumption, or other tax, duty, impost
fee, charge or exaction shall be imposed or collected by the Republic of the
Philippines on funds or property in the Republic of the Philippines which
For an understanding with reference to art. 22, see exchange of memorandums, p. 191.
MEDICAL CARE FOR VETERANS— JUNE 7, 1949 191
are for use for purposes, under this agreement, or on any funds or property
imported into the Republic of the Philippines for use in connection with such
purposes. No tax, duty, impost fee, charge or exaction shall be imposed or
collected by the Republic of the Philippines on personal funds or movable
property, not intended for resale, owned by U.S. Veterans Administration
personnel under the program covered by this agreement, who are citizens
of the United States, nor shall any tax, duty, impost fee, charge or exaction be
imposed or collected by the Republic of the Philippines on the official emolu-
ments paid to the U.S. Veterans Administration personnel, under the pro-
gram covered by this agreement, who are citizens of the United States, nor
shall any tax, duty, impost fee, charge or exaction be imposed or collected
by the Republic of the Philippines on personal funds or property, not in-
tended for resale, imported into the Republic of the Philippines for the use of,
or consumption by, U.S. Veterans Administration personnel under the pro-
gram covered by this agreement, who are U.S. citizens, nor shall any export
or other tax, fee, charge or exaction be imposed or collected by the Republic
of the Philippines on any of the foregoing funds or property mentioned in this
Article in the event of their removal from the Republic of the Philippines.
In witness whereof, the undersigned, duly authorized thereto, have
signed this Agreement in duplicate, in the City of Manila, this 7th day of
June, 1949.
For the Government of the United States of America :
Myron M. Cowen
For the Government of the Republic of the Philippines:
Elpedio Quirino
Exchange of Memorandums
The Philippine Government to the United States Government
Memorandum
Understanding Between the Negotiators with Reference to Article 22 of the
Agreement Between the Government of the Republic of the Philippines
and the Government of the United States of America on the Construction
and Equipping of Hospitals of Veterans and the Provision of Medical Care
and Treatment of Veterans by the Government of the Republic of the
Philippines and the Furnishing of Grants-In-Aid thereof by the Govern-
ment of the United States of America, signed on June 7, 1949.
With regard to Article 22 of the Agreement between the Government of
the Republic of the Philippines and the Government of the United States
of America on the Construction and Equipping of Hospitals of Veterans and
192 PHILIPPINES
the Provision of Medical Care and Treatment of Veterans by the Govern-
ment of the Republic of the Philippines and the Furnishing of Grants-In-Aid
thereof by the Government of the United States of America, which was
signed on June 7, 1949, the following statement has been agreed upon be-
tween the negotiators:
"With reference to Article 22 of the Agreement, it is understood between
the negotiators that the ownership of the hospitals constructed under the
terms of this Agreement, or of any part or equipment thereof, vests in the
Government of the Philippines, and that what is left for determination by
mutual consent of the two Governments is the use to which said hospitals, or
any part or equipment thereof shall be devoted, as defined in Public Law
865— 80th Congress."
Manila
June 7, 1949
[Initials illegible]
The United States Government to the Philippine Government
Memorandum
Negotiations regarding the Agreement Between the Government of the
United States of America and the Government of the Republic of the
Philippines on the Construction and Equipping of Hospitals of Veterans
and the Provision of Medical Care and Treatment of Veterans by the
Government of the Republic of the Philippines and the Furnishing of
Grants-in-Aid thereof by the Government of the United States of America,
signed on June 7, 1949; Understanding Between Negotiators regarding
Article 22.
With reference to the negotiations conducted between the representatives
of the Philippine Government and the representatives of the Government of
the United States for the purpose of reaching an Agreement on the Con-
struction and Equipping of Hospitals of Veterans and the Provision of Medi-
cal Care and Treatment of Veterans by the Government of the Republic of
the Philippines and the Furnishing of Grants-in-Aid thereof by the Govern-
ment of the United States of America, it is agreed between the negotiators of
the two Governments that the following statement be made setting forth their
understanding of the meaning and intent of Article 22 of the aforementioned
Agreement :
With reference to Article 22 of the Agreement, it is understood between
the negotiators that the ownership of the hospitals constructed under the terms
of this Agreement, or of any part or equipment thereof, vests in the Govern-
MEDICAL CARE FOR VETERANS— JUNE 7, 1949 193
ment of the Philippines, and that what is left for determination by mutual
consent of the two Governments is the use to which said hospitals, or any
part or equipment thereof shall be devoted, as defined in Public Law 865 —
80th Congress.
T.H.L.
Manila
August 5, 1949
FINANCE
Arrangement signed at Quezon City July 11, 1949, modifying arrange-
ment of June 30, 1948
Entered into force July 1 1, 1949
Modified by agreements of November 6, 1950 \ and March 27, 1961 2
[For text, see 1 UST 769; TIAS 2151.]
VETERANS' CLAIMS
Exchange of notes at Manila July 25 and 28, 1949, with exchange of
memorandums of July 25 and August 8, 1949
Entered into force July 28, 1949
Terminated March 2, 1953
[For text, see 2 UST 999; TIAS 2253.]
PUBLIC ROADS PROGRAM
Exchange of notes at Manila December 16 and 21, 1949, extending
agreement of February 14, 1947 3
Entered into force December 21, 1949
Expired June 30, 1951
[For text, see 3 UST 3715; TIAS 2499.]
MUST 765; TIAS 2151.
M2 UST 297; TIAS 4715.
' TIAS 1584, ante, p. 42.
194
Poland
DEBT FUNDING
Agreement signed at Washington November 14, 1924
Operative from December 15, 1922
Approved by Act of Congress of December 22, 1924 1
Ratified by Poland January 17, 1925
Modified July 1, 1931, by agreement of June 10, 1932 2
Treasury Department print
Agreement
Made the Fourteenth day of November, 1924 at the City of Washing-
ton, District of Columbia, between the Government of the Republic
of Poland, hereinafter called Poland, party of the first part, and the
Government of the United States of America, hereinafter called the
United States, party of the second part
Whereas, Poland is indebted to the United States as of December 15, 1922,
upon obligations in the aggregate principal amount of $159,666,972.39, to-
gether with interest accrued and unpaid thereon ; and
Whereas, Poland desires to fund said indebtedness to the United States,
both principal and interest, through the issue of bonds to the United States,
and the United States is prepared to accept bonds from Poland upon the terms
and conditions hereinafter set forth :
Now, therefore, in consideration of the premises and of the mutual cove-
nants herein contained, it is agreed as follows:
1. Amount of Indebtedness. The amount of the indebtedness to be
1 43 Stat. 720.
2 Post, p. 260.
195
196
POLAND
funded, after allowing for cash payments made or to be made by Poland,
is $178,560,000, which has been computed as follows:
Principal amount of obligations to be funded $159, 666, 972. 39
Interest accrued and unpaid thereon to December 15, 1922, at the
rate of 4}4 per cent per annum 18, 898, 053. 60
Total principal and interest accrued and unpaid as of Decem-
ber 15, 1922 178, 565, 025. 99
To be paid in cash by Poland November 14, 1924 5, 025. 99
Total indebtedness to be funded into bonds 178, 560, 000. 00
2. Repayment of Principal. In order to provide for the repayment of the
indebtedness thus to be funded, Poland will issue to the United States at par,
as of December 15, 1922, bonds of Poland in the aggregate principal amount
of $178,560,000, dated December 15, 1922, and maturing serially on each
December 15 in the succeeding years for 62 years, in the amounts and on the
several dates fixed in the following schedule :
December 15 —
1923
1924
5560, 000
925, 000
950, 000
975, 000
December 15 —
1955 __
1956 __
1957
1958 _
$2, 500, 000
2, 600, 000
1925
1926
2, 700, 000
2, 800, 000
1927
1928
1929
1930
1
1
1
1
1
000, 000
025, 000
050, 000
075, 000
100, 000
125,000
150, 000
200, 000
225, 000
250, 000
275,000
300, 000
325,000
350, 000
400, 000
450, 000
500, 000
550, 000
600, 000
675, 000
750, 000
825, 000
900, 000
975, 000
075, 000
200, 000
300, 000
400, 000
1959 __
1960
1961
1962 _
2, 900, 000
3, 000, 000
3, 100, 000
3, 200, 000
1931 .
1963
3,300,000
1932
1
1
1964
3, 400, 000
1933
1965
1966
1967
1968
1969
1970
1971
3, 500, 000
1934
1935
1936
1937
1938
1939 _
1
1
1
1
1
1
3, 600, 000
3, 700, 000
3, 800, 000
3, 900, 000
4, 000, 000
4, 100, 000
1940
1941
1
1
1
1
1
1
1972
1973
4, 200, 000
4, 400, 000
1942
1943
1944
1945
1974
1975
1976
1977
1978
1979
4, 600, 000
4, 800, 000
5, 000, 000
5, 200, 000
1946
1947
1
1
5, 400, 000
5, 800, 000
1948
1949
1
1
1
1980
1981
6, 200, 000
6, 800, 000
1950
1982
1983
7, 400, 000
1951 .
2
8, 200, 000
1952
2
2
2
1984
9, 000, 000
1953
Total _
1954
178,560,000
Provided, however, That Poland, at its option upon not less than ninety
days' advance notice to the United States, may postpone any payment falling
due as hereinabove provided, except those falling due on or before Decem-
ber 15, 1929, hereinafter referred to in paragraph 4 of this Agreement, to
any subsequent June 15 or December 15 not more than two years distant
from its due date, but only on condition that in case Poland shall at any time
DEBT FUNDING— NOVEMBER 14, 1924 197
exercise this option as to any payment of principal, the payment falling due
in the next succeeding year can not be postponed to any date more than
one year distant from the date when it becomes due unless and until the
payment previously postponed shall actually have been made, and the pay-
ment falling due in the second succeeding year can not be postponed at all
unless and until the payment of principal due two years previous thereto
shall actually have been made.
All bonds issued or to be issued hereunder to the United States shall be pay-
able to the Government of the United States of America, or order, shall be
issued in such denominations as may be requested by the Secretary of the
Treasury of the United States, and shall be substantially in the form set forth
in the exhibit hereto annexed and marked "Exhibit A." The $178,560,000
principal amount of bonds first to be issued hereunder shall be issued in 62
pieces, in denominations and with maturities corresponding to the annual
payments of principal hereinabove set forth.
3. Payment of Interest. All bonds issued or to be issued hereunder shall
bear interest, payable semiannually on June 15 and December 15 in each
year, at the rate of 3 per cent per annum from December 15, 1922, to Decem-
ber 15, 1932, and thereafter at the rate of 3^ per cent per annum until the
principal thereof shall have been paid.
4. Method of Payment. All bonds issued or to be issued hereunder shall
be payable, as to both principal and interest, in United States gold coin of the
present standard of value, or, at the option of Poland, upon not less than
thirty days' advance notice to the United States, in any obligations of the
United States issued after April 6, 1917, to be taken at par and accrued
interest to the date of payment hereunder: Provided, however, that with
reference to the payments on account of principal and/or interest falling due
hereunder on or before December 15, 1929, Poland, at its option, may pay
the following amounts on the dates specified:
June 15, 1925 $500,000 June 15, 1928 $1,250,000
December 15, 1925 500,000 December 15, 1928 1,250,000
June 15, 1926 750,000 June 15, 1929 1,500,000
December 15, 1926 750, 000 December 15, 1929 1, 500, 000
June 15, 1927 1,000,000
December 15, 1927 1,000,000 Total . . 10,000,000
and the balance, including interest on all overdue payments at the rate of 3
per cent per annum from their respective due dates, in bonds of Poland dated
December 15, 1929, bearing interest at the rate of 3 per cent per annum from
December 15, 1929 to December 15, 1932, and thereafter at the rate of 3~y2
per cent per annum until the principal thereof shall have been paid, such
bonds to mature serially on December 15 of each year up to and including
December 15, 1984, substantially in the manner provided in paragraph 2
of this Agreement, and to be substantially similar in other respects to the
bonds first to be issued hereunder.
198 POLAND
All payments, whether in cash or in obligations of the United States, to be
made by Poland on account of the principal or interest of any bonds issued
or to be issued hereunder and held by the United States, shall be made at the
Treasury of the United States in Washington, or, at the option of the Secre-
tary of the Treasury of the United States, at the Federal Reserve Bank of
New York, and if in cash shall be made in funds immediately available on the
date of payment, or if in obligations of the United States shall be in form
acceptable to the Secretary of the Treasury of the United States under the
general regulations of the Treasury Department governing transactions in
United States obligations.
5. Exemption from Taxation. The principal and interest of all bonds is-
sued or to be issued hereunder shall be paid without deduction for, and shall be
exempt from, any and all taxes or other public dues, present or future,
imposed by or under authority of Poland or any political or local taxing
authority within the Republic of Poland, whenever, so long as, and to the
extent that beneficial ownership is in (a) the Government of the United
States, (b) a person, firm, or association neither domiciled nor ordinarily
resident in Poland, or (c) a corporation not organized under the laws of
Poland.
6. Payments before Maturity. Poland, at its option, on any interest date
or dates, upon not less than ninety days' advance notice to the United States,
may make advance payments in amounts of $ 1 ,000 or multiples thereof, on
account of the principal of any bonds issued or to be issued hereunder and
held by the United States. Any such advance payments shall first be applied
to the principal of any bonds which shall have been issued hereunder on
account of principal and/or interest accruing between December 15, 1922,
and December 15, 1929, and then to the principal of any other bonds issued
hereunder and held by the United States, as may be indicated by Poland at
the time of the payment.
7. Exchange for Marketable Obligations. Poland will issue to the United
States at any time, or from time to time, at the request of the Secretary of the
Treasury of the United States, in exchange for any or all of the bonds issued
or to be issued hereunder and held by the United States, definitive engraved
bonds in form suitable for sale to the public, in such amounts and denomina-
tions as the Secretary of the Treasury of the United States may request, in
bearer form, with provision for registration as to principal, and/or in fully
registered form, and otherwise on the same terms and conditions, as to dates
of issue and maturity, rate or rates of interest, exemption from taxation, pay-
ment in obligations of the United States issued after April 6, 1917, and the
like, as the bonds surrendered on such exchange. Poland will deliver definitive
engraved bonds to the United States in accordance herewith within six
months of receiving notice of any such request from the Secretary of the
Treasury of the United States, and pending the delivery of the definitive
engraved bonds will deliver, at the request of the Secretary of the Treasury
DEBT FUNDING— NOVEMBER H, 1924 199
of the United States, temporary bonds or interim receipts in form satisfactory
to the Secretary of the Treasury of the United States within thirty days of
the receipt of such request, all without expense to the United States. The
United States, before offering any such bonds or interim receipts for sale in
Poland, will first offer them to Poland for purchase at par and accrued in-
terest, and Poland shall likewise have the option, in lieu of issuing any such
bonds or interim receipts, to make advance redemption, at par and accrued
interest, of a corresponding principal amount of bonds issued or to be issued
hereunder and held by the United States. Poland agrees that the definitive
engraved bonds called for by this paragraph shall contain all such provisions,
and that it will cause to be promulgated all such rules, regulations, and orders,
as shall be deemed necessary or desirable by the Secretary of the Treasury of
the United States in order to facilitate the sale of the bonds in the United
States, in Poland or elsewhere, and that if requested by the Secretary of the
Treasury of the United States, it will use its good offices to secure the listing of
the bonds on the stock exchange in Warsaw.
8. Cancellation and Surrender of Obligations. Upon the execution of
this Agreement, the payment to the United States of cash in the sum of
$5,025.99 as provided in paragraph 1 of this Agreement and the delivery to
the United States of the $178,560,000 principal amount of bonds of Poland
first to be issued hereunder, together with satisfactory evidence of authority
for the execution of the Agreement and the bonds on behalf of Poland by its
Envoy Extraordinary and Minister Plenipotentiary at Washington, the
United States will cancel and surrender to Poland, at the Treasury of the
United States in Washington, the obligations of Poland in the principal
amount of $159,666,972.39, described in the preamble to this Agreement.
9. Notices. Any notice, request, or consent under the hand of the Secre-
tary of the Treasury of the United States, shall be deemed and taken as the
notice, request, or consent of the United States, and shall be sufficient if
delivered at the Legation of Poland at Washington or at the office of the
Minister of Finance in Warsaw; and any notice, request, or election from or
by Poland shall be sufficient if delivered to the American Legation at Warsaw
or to the Secretary of the Treasury at the Treasury of the United States in
Washington. The United States in its discretion may waive any notice re-
quired hereunder, but any such waiver shall be in writing and shall not extend
to or affect any subsequent notice or impair any right of the United States
to require notice hereunder.
10. Compliance with Legal Requirements. Poland represents and agrees
that the execution and delivery of this Agreement and of the bonds issued or
to be issued hereunder have in all respects been duly authorized and that all
acts, conditions, and legal formalities which should have been completed prior
to the making of this Agreement and the issuance of bonds hereunder have
200 POLAND
been completed as required by the laws of Poland and in conformity
therewith.
1 1 . Counterparts. This Agreement shall be executed in two counterparts,
each of which shall have the force and effect of an original.
In witness whereof Poland has caused this Agreement to be executed
on its behalf by its Envoy Extraordinary and Minister Plenipotentiary at
Washington, thereunto duly authorized, and the United States has likewise
caused this Agreement to be executed on its behalf by the Secretary of the
Treasury, as Chairman of the World War Foreign Debt Commission, with
the approval of the President, all on the day and year first above written,
subject, however, to the approval of Congress, pursuant to the Act of Con-
gress approved February 9, 1922,3 as amended by the Act of Congress ap-
proved February 28, 1923,4 notice of which approval, when given by
Congress, will be transmitted in due course by the Secretary of the Treasury
of the United States to the Legation of Poland at Washington.
The Government of the Republic of Poland
By
Wladyslaw Wroblewski [seal]
Envoy Extraordinary and
Minister Plenipotentiary
The Government of the United States of America
For the Commission
By
A. W. Mellon [seal]
Secretary of the Treasury, and
Chairman of the World War
Foreign Debt Commission
Approved :
Calvin Cooledge
President
EXHIBIT A
(Form of Bond)
The Government of the Republic of Poland
Sixty-two year 3-3/2 per cent Gold Bond
Dated December 15, 1922 — maturing December 15,
$ No.
The Government of the Republic of Poland, hereinafter called Poland, for value
received, promises to pay to the Government of the United States of America, hereinafter
called the United States, or order, on the 15th day of December, , the sum of
8 42 Stat. 363.
4 42 Stat. 1325.
DEBT FUNDING— NOVEMBER 14, 1924 201
Dollars ($ ), and to pay interest upon said principal sum semiannually on the
fifteenth day of June and December in each year, at the rate of three per cent per annum
from December 15, 1922, to December 15, 1932, and at the rate of three and one-half
per cent per annum thereafter until the principal hereof shall have been paid. This bond
is payable as to both principal and interest in gold coin of the United States of America
of the present standard of value, or, at the option of Poland, upon not less than thirty
days' advance notice to the United States, in any obligations of the United States issued
after April 6, 1917, to be taken at par and accrued interest to the date of payment here-
under. This bond is payable as to both principal and interest without deduction for, and
is exempt from, any and all taxes and other public dues, present or future, imposed by
or under authority of Poland or any political or local taxing authority within the Republic
of Poland, whenever, so long as, and to the extent that, beneficial ownership is in (a) the
Government of the United States, (b) a person, firm, or association neither domiciled nor
ordinarily resident in Poland, or (c) a corporation not organized under the laws of
Poland. This bond is payable as to both principal and interest at the Treasury of the
United States in Washington, D. C., or at the option of the Secretary of the Treasury
of the United States, at the Federal Reserve Bank of New York.
This bond is issued under an Agreement, dated November 14, 1924, between Poland
and the United States, to which this bond is subject and to which reference is made for
a further statement of its terms and conditions.
In witness whereof, Poland has caused this bond to be executed in its behalf at the
City of Washington, District of Columbia, by its Envoy Extraordinary and Minister
Plenipotentiary at Washington, thereunto duly authorized.
The Government of the Republic of Poland :
Envoy Extraordinary and
Minister Plenipotentiary
Dated, December 15, 1922.
(Back)
The following amounts have been paid upon the principal amount of this bond :
Date. Amount paid.
MOST-FAVORED-NATION TREATMENT IN
CUSTOMS MATTERS
Exchange of notes at Washington February 10, 1925
Entered into force February 10, 1925
Ratified by Poland September 14, 1925
Terminated July 9, 1933, upon entry into force of treaty of June 15,
1931*
Treaty Series 727
The Secretary of State to the Polish Minister
Department of State
Washington, February 10, 1925
Sir:
I have the honor to make the following statement of my understanding
of the agreement reached through recent conversations held at Washington
on behalf of the Government of the United States and the Government of
the Republic of Poland with reference to the treatment which the United
States shall accord to the commerce of Poland and which Poland shall
accord to the commerce of the United States pending the negotiation of a
comprehensive treaty of friendship, commerce and consular rights to which
the Governments of both countries have given careful attention and in favor
of which both Governments have informally expressed themselves.
These conversations have disclosed a mutual understanding between the
two Governments which is that, in respect to import, export and other duties
and charges affecting commerce, as well as in respect to transit, warehousing
and other facilities and the treatment of commercial travelers' samples, the
United States will accord to Poland and Poland will accord to the United
States, its territories and possessions, unconditional most-favored-nation treat-
ment ; and that in the matter of licensing or prohibitions of imports or exports,
the United States and Poland, respectively, so far as they at any time maintain
such a system, will accord to the commerce of the other treatment as favorable,
with respect to commodities, valuations and quantities, as may be accorded
to the commerce of any other country.
1 TS 862, post, p. 237.
202
MOST-FAVORED-NATION TREATMENT— FEBRUARY 10, 1925 203
It is understood that —
No higher or other duties shall be imposed on the importation into or dis-
position in the United States, its territories or possessions, of any articles the
produce or manufacture of Poland than are or shall be payable on like
articles the produce or manufacture of any foreign country;
No higher or other duties shall be imposed on the importation into or
disposition in Poland of any articles the produce or manufacture of the
United States, its territories or possessions, than are or shall be payable on
like articles the produce or manufacture of any foreign country;
Similarly, no higher or other duties shall be imposed in the United States,
its territories or possessions, or in Poland on the exportation of any articles
to the other or to any territory or possession of the other, than are payable on
the exportation of like articles to any foreign country;
Every concession with respect to any duty, charge or regulation affecting
commerce now accorded or that may hereafter be accorded by the United
States or by Poland, by law, proclamation, decree or commercial treaty
or agreement, to any foreign country will become immediately applicable
without request and without compensation to the commerce of Poland
and of the United States and its territories and possessions, respectively :
Provided that this understanding does not relate to
( 1 ) The treatment which the United States accords or may hereafter
accord to the commerce of Cuba or any of the territories or possessions of
the United States or the Panama Canal Zone, or to the treatment which
is or may hereafter be accorded to the commerce of the United States with
any of its territories or possessions or to the commerce of its territories or
possessions with one another.
(2) The treatment which Poland may accord, in order to facilitate
strictly border traffic, to the products of a zone not exceeding fifteen kilome-
ters in width beyond its frontiers or to the products of the German portions
of Upper Silesia under the regime at present existing.
(3) Prohibitions or restrictions of a sanitary character or designed to
protect human, animal or plant life or regulations for the enforcement of
police or revenue laws.
The Polish Government, which is entrusted with the conduct of the
foreign affairs of the Free City of Danzig under Article 104 of the Treaty
of Versailles 2 and Articles 2 and 6 of the Treaty signed in Paris on Novem-
ber 9, 1920, between Poland and the Free City, declares that the Free City be-
comes a contracting party to this agreement and assumes the obligations and
acquires the rights laid down therein. The above declaration does not relate
"Ante, vol. 2, p. 100.
204 POLAND
to those stipulations of this agreement which are accepted by the Republic of
Poland with regard to the Free City of Danzig on the basis of rights acquired
by treaties.
The present arrangement shall become operative on the day of signa-
ture and, unless sooner terminated by mutual agreement, shall continue
in force until thirty days after notice of its termination shall have been given
by either party; but should either party be prevented by future action of
its legislature from carrying out the terms of this arrangement, the obliga-
tions thereof shall thereupon lapse.
It is understood that this agreement is subject to ratification by the Polish
Diet.
I shall be glad to have your confirmation of the accord thus reached.
Accept, Sir, the renewed assurances of my highest consideration.
Charles E. Hughes
Dr. Ladislas Wroblewski,
Minister of Poland.
The Polish Minister to the Secretary of State
Legation of Poland
Washington, February 10, 1925
Sir:
I have the honor to make the following statement of my understanding
of the agreement reached through recent conversations held at Washington
on behalf of the Government of the Republic of Poland and the Govern-
ment of the United States with reference to the treatment which Poland shall
accord to the commerce of the United States and which the United States
shall accord to the commerce of Poland pending the negotiation of a
comprehensive treaty of friendship, commerce and consular rights to which
the Governments of both countries have given careful attention and in
favor of which both Governments have informally expressed themselves.
These conversations have disclosed a mutual understanding between the
two Governments which is that, in respect to import, export and other
duties and charges affecting commerce, as well as in respect to transit,
warehousing and other facilities and the treatment of commercial travelers'
samples, Poland will accord to the United States, its territories and posses-
sions, and the United States will accord to Poland, unconditional most-
favored-nation treatment; and that in the matter of licensing or prohibitions
of imports or exports, Poland and the United States respectively, so far as
they at any time maintain such a system, will accord to the commerce of the
other treatment as favorable, with respect to commodities, valuations and
quantities, as may be accorded to the commerce of any other country.
MOST-FAVORED-NATION TREATMENT— FEBRUARY 10, 1925 205
It is understood that —
[For terms of understanding, see U.S. note, above.]
The Polish Government, which is entrusted with the conduct of the
foreign affairs of the Free City of Danzig under Article 104 of the Treaty
of Versailles and Articles 2 and 6 of the Treaty signed in Paris on November 9,
1920, between Poland and the Free City, declares that the Free City becomes
a contracting party to this agreement and assumes the obligations and
acquires the rights laid down therein. The above declaration does not relate
to those stipulations of this agreement which are accepted by the Republic
of Poland with regard to the Free City of Danzig on the basis of rights
acquired by treaties.
The present arrangement shall become operative on the day of signature
and, unless sooner terminated by mutual agreement, shall continue in force
until thirty days after notice of its termination shall have been given by
either party; but should either party be prevented by future action of its
legislature from carrying out the terms of this arrangement, the obligations
thereof shall thereupon lapse.
It is understood that this agreement is subject to ratification by the Polish
Diet.
I shall be glad to have your confirmation of the accord thus reached.
Accept, Sir, the renewed assurances of my highest consideration.
Wl. Wroblewski
The Honorable
Charles E. Hughes
Secretary of State
EXTRADITION
Treaty and protocol signed at Warsaw November 22, 1927
Senate advice and consent to ratification February 24, 1928
Ratified by the President of the United States March 14, 1928
Ratified by Poland April 29, 1929
Ratifications exchanged at Warsaw June 6, 1929
Proclaimed by the President of the United States June 18, 1929
Entered into force July 6, 1929
Supplemented by treaty of April 5, 1935 1
46 Stat. 2282 ; Treaty Series 789
Treaty
The United States of America and the Republic of Poland, desiring to
promote the cause of justice, have resolved to conclude a treaty for the
extradition of fugitives from justice, between the United States of America
and the Republic of Poland, and have appointed for that purpose the follow-
ing plenipotentiaries :
The United States of America: H. E. John B. Stetson, Jr., Envoy Extraor-
dinary and Minister Plenipotentiary in Warsaw.
The Republic of Poland: H. E. August Zaleski, Minister for Foreign
Affairs,
Who, after having so communicated to each other their respective full
powers, found in good and due form, have agreed upon and concluded the
following articles :
Article I
It is agreed that the Government of the United States and the Government
of Poland shall, upon requisition duly made as herein provided, deliver up to
justice any person who may be charged with, or may have been convicted of
any of the crimes specified in Article II of the present treaty committed
within the jurisdiction of one of the High Contracting Parties and who shall
seek an asylum or shall be found within the territory of the other, provided
that such surrender shall take place only upon such evidence of criminality,
1 TS 908, post, p. 265.
206
EXTRADITI ON— NOVEMBER 22, 1927 207
as according to the laws of the place where the fugitive or person so charged
shall be found, would justify his apprehension and commitment for trial if
the crime or offence had been there committed.
Article II 2
Persons shall be delivered up according to the provisions of the present
Treaty, who shall have been charged with, or convicted of any of the fol-
lowing crimes :
1 . Murder, comprehending the crimes designated by the terms parricide,
assassination, manslaughter when voluntary, poisoning or infanticide;
2. The attempt to commit murder ;
3. Arson;
4. Wilful and unlawful destruction or damage of track and railroad
establishments, which endangers human life ;
5. Crimes committed at sea :
a. Piracy;
b. Wrongfully sinking or destroying a vessel at sea or attempting to do so ;
c. Mutiny or conspiracy by two or more members of the crew or other
persons on board of a vessel on the high seas, for the purpose of rebelling
against the authority of the Captain or Commander of such vessel, or by
fraud or violence taking possession of a vessel.
d. Assault on board ship upon the high seas, with intent to do bodily harm.
6. Burglary, defined to be the act of breaking into and entering the house
of another in the night time with intent to commit a felony therein ;
7. Robbery, defined to be the act of feloniously and forcibly taking
from the person of another goods or money by violence or by putting him in
fear;
8. The fabrication of counterfeit money, whether coin or paper, counter-
feit titles or coupons of public debt, created by National, State, Provincial,
Territorial, Local or Municipal Governments, bank notes or other instru-
ments of public credit, counterfeit dies and the utterance, circulation or
fraudulent use of the above mentioned objects;
9. Forgery or the utterance of forged papers or the fraudulent use of any
of the same, providing the loss occasioned exceeds one thousand dollars or
Polish equivalent;
10. Embezzlement or criminal malversation committed by public officers
or depositaries, where the amount embezzled exceeds one thousand dollars
or Polish equivalent;
1 1 . Embezzlement by any person or persons hired, salaried or employed,
For an agreement applicable to paras. 9-15 of art. II, see protocol, p. 212.
30S-582 — 73 15
208 POLAND
to the detriment of their employers or principals, when the crime or offence is
punishable by imprisonment or other corporal punishment by the laws of
both countries and where the amount embezzled exceeds one thousand dollars
or Polish equivalent ;
12. Fraud or breach of a trust by a bailee, banker, agent, factor, trustee,
executor, administrator, guardian, director or officer of any Company or
Corporation, or by any one in any fiduciary position, where the amount of
money or the value of the property misappropriated exceeds one thousand
dollars or Polish equivalent ;
13. Obtaining money, valuable securities or other property by false
pretences or receiving any money, valuable securities or other property know-
ing the same to have been unlawfully obtained, where the amount of money
or the value of the property so obtained or received exceeds one thousand
dollars or Polish equivalent ;
14. Larceny if the damage caused exceeds one thousand dollars or
Polish equivalent ;
15. Perjury or subornation of perjury, where as a result of such a false
testimony, an innocent person has been punished by imprisonment or a more
severe penalty, or a person has been unjustly acquitted of a crime or an unjust
sentence was pronounced in a civil case where the amount exceeds one thou-
sand dollars or Polish equivalent and a loss of this amount actually resulted ;
16. Kidnapping of minors or adults defined to be the abduction or
detention of a person or persons, in order to exact money from them, their
families, or any other person or persons, or for any unlawful end;
17. Crimes and offences against the laws for the suppression of slavery
or slave trading;
18. Crimes defined as the so-called traffic of women and girls, that
means recruiting, abduction or seduction for immoral purposes of said per-
sons, provided such crimes be punishable by imprisonment of at least one
year, or by more severe penalty.3
Extradition shall also take place for participation in any of the crimes
before mentioned as an accessory before or after the fact, provided such
participation be punishable by imprisonment of at least one year by the laws
of both the High Contracting Parties.
Article III
The provisions of the present Treaty shall not import a claim of extradi-
tion for any crime or offence of a political character, nor for acts connected
with such crimes or offences.
When the crime belongs to those designated in Article II sec. 1 and 2 —
the fact that the offence was directed against the life of the Head of the State,
"For an addition to list of crimes, see treaty of Apr. 5, 1935 (TS 908), post, p. 265.
EXTRADITION— NOVEMBER 22, 1927 209
the President, of one of the High Contracting Parties, or against the Head of
a Foreign State, or against the life of any member of his family shall not be
deemed sufficient to sustain that such crime or offence was of a political
character, or was an act connected with crimes or offences of a political
character.
Article IV
The person delivered up shall be tried only for the crime or offence for
which he was surrendered. This provision, however, does not apply to the
case, when the said person fails to leave the territory of the Party to which
he was surrendered within the period of three months after the date of inflict-
ing upon him the penalty for the crime or offence for which he was delivered,
or after the date of his being advised of his acquittal or of the fact that his
case has been dismissed.
Article V
A fugitive criminal shall not be surrendered under the provisions hereof,
when, from lapse of time or other lawful cause, according to the laws of the
place within the jurisdiction of which the crime was committed, or according
to the laws of the place where he was found, the criminal is exempt from
prosecution or punishment for the offence for which the surrender is asked.
Extradition shall also not be granted if, in a case of concurrent jurisdiction,
there has been concluded or is pending in the surrendering State the prosecu-
tion of the fugitive on a charge growing out of the same set of facts as that
upon which the extradition is sought.
Article VI
If a fugitive criminal whose surrender may be claimed pursuant to the
provisions hereof be actually under prosecution, out on bail or in custody,
for another crime or offence, his extradition may be deferred until such
proceedings be determined, or until he shall have been set at liberty in due
course of law.
Article VII
If a fugitive criminal claimed by one of the Parties hereto, shall be also
claimed by one or more powers, such criminal shall be delivered to that State
whose demand is first received.
Nevertheless, the surrendering State may give preference to a third State
provided it is bound by a treaty concluded with that State so to do.
Article VIII
Under the stipulations of this Treaty, the United States of America shall
not be bound to deliver up its citizens, and the Republic of Poland shall not
be bound to deliver up either Polish citizens or those of the Free City of
Danzig.
210 POLAND
Article IX
Everything found in the possession of the fugitive criminal at the time of
his arrest, whether being the proceeds of the crime or offence, or which may
be material as evidence of the crime, shall so far as practicable, according to
the laws of either of the High Contracting Parties, be delivered up with his
person at the time of surrender. Nevertheless, the rights of a third party with
regard to the articles referred to, shall be duly respected.
Article X
Requisitions for the surrender of fugitives from justice shall be made by
the respective diplomatic agents of the High Contracting Parties. In the event
of the absence of such agents from the country or its seat of government,
requisitions may be made by Consular officers.
A duly authenticated copy of the sentence of the Court, before which the
conviction of the criminal took place, shall be produced with requisition of
surrender.
If the person, whose extradition is requested, is merely charged with crime
or offence, or convicted by default, a duly authenticated copy of the warrant
of arrest of the Court, and of the depositions upon which such warrant may
have been issued, shall be produced with such other evidence, as may be
deemed competent in the case.
Extradition shall be carried out in conformity with the law governing it
in the country, where the requisition of surrender is made.
Article XI
The arrest of a fugitive criminal may be requested even upon telegraphic
advice, stating the existence of a sentence of conviction or a warrant of arrest.
In Poland the requisition for the arrest shall be directed to the Minister of
Foreign Affairs, who will transmit it to the appropriate authorities.
In the United States of America, the requisition for the arrest shall be
directed to the Secretary of State, who shall confirm the regularity of the
requisition and request the appropriate authorities to take action thereon
in conformity with the law.
In both countries, in case of urgency, the requisition for the arrest and
detention may be addressed directly to the appropriate magistrate, in con-
formity with the laws in force.
A person provisionally arrested shall be released unless within three months
from the date of arrest the formal requisition for surrender with the docu-
mentary proofs set out in Article X have been produced by the diplomatic
EXTRADITION— NOVEMBER 22, 1927 211
agent of the demanding Government or, in his absence, by a Consular officer
thereof.
Article XII
In every case of a request made by either of the High Contracting Parties
for the arrest, detention or extradition of fugitive criminals, the appropriate
legal officers of the country where the proceedings of extradition are had,
shall assist the officers of the Government demanding the extradition before
the respective judges and magistrates, by every legal means within their
power.
No claim whatever for compensation for any of the services so rendered
shall be made against the Government demanding the extradition, provided,
however, that any officer or officers of the surrendering Government so giving
assistance, who shall in the course of their duty, receive no salary or compen-
sation other than specific fees for services performed, shall be entitled to
receive from the Government demanding the extradition the customary fees
for the acts or services performed by them, in the same manner and to the
same amount as though such acts or services had been performed in ordinary
criminal proceedings under the laws of the country of which they are officers.
These claims for fees are to be submitted through the intermediary of the
respective Government.
Article XIII
The expenses of arrest, detention, examination and transportation of the
accused shall be paid by the Government, which has preferred the demand
for extradition.
Article XIV
The provisions of the present Treaty shall be applicable to all territory
wherever situated, belonging to either of the High Contracting Parties, or
in the occupancy and under the control of either of them during such
occupancy or control.
Article XV
The present Treaty shall be ratified by the High Contracting Parties and
the exchange of ratifications shall take place at Warsaw, as soon as possible.
This Treaty shall take effect on the thirtieth day after the date of the
exchange of ratifications and shall be applied, although the crime or offence,
for which the extradition has been claimed, have been committed before its
entering into force.
The present Treaty may be terminated, yet it will remain in force for one
year from the date on which such notice of termination shall be given by
either of the High Contracting Parties.
212 POLAND
In witness whereof, the undersigned Plenipotentiaries have signed the pres-
ent Treaty and affixed thereto their respective seals.
Done in duplicate at Warsaw this 22 day of November 1927.
John B. Stetson Jr. [seal]
August Zaleski [seal]
Protocol Accompanying the Treaty of Extradition Between the
United States of America and the Republic of Poland
At the moment of signing the Treaty of Extradition between the United
States of America and the Republic of Poland the undersigned Plenipotenti-
aries, duly empowered, have agreed as follows :
1. The Polish Government consents to extradite, at the request of the
Government of the United States of America, all fugitive criminals as they are
referred to in the accompanying treaty, in cases where the charge involved
exceeds $200.00, although the minimum provided for in the accompanying
treaty for the High Contracting Parties is $1,000.00.
The foregoing agreement applies to the provisions of Paragraphs 9, 10, 11,
12, 13, 14 and 15 of Article II of the accompanying treaty.
2. The Polish Government, which by virtue of Article 104 of the Treaty
of Peace of Versailles 4 conducts the foreign affairs of the Free City of Dan-
zig, undertakes to do all that is necessary to secure the adherence of the Free
City of Danzig to the provisions of this protocol and the accompanying treaty
as soon as possible.5
In faith whereof, the undersigned Plenipotentiaries have signed the present
protocol and affixed thereto their respective seals.
Done in duplicate at Warsaw this 22 day of November 1927.
John B. Stetson Jr. [seal]
August Zaleski [seal]
'Ante, vol. 2, p. 100.
" For a declaration on behalf of the Free City of Danzig by which Danzig became a con-
tracting party, see exchange of notes of Aug. 22, 1935 (TS 896), post, p. 267.
NARCOTIC DRUGS: FREE CITY OF DANZIG
Exchange of notes at Warsaw February 10, March 5 and 12, and
August 24, 1928
Entered into force August 24, 1928
Obsolete 1
Department of State files
The American Charge d' Affaires ad interim to the Minister of Foreign Affairs
Warsaw, Poland
no. 1007 February 10, 1928
Excellency:
I have the honor to inform Your Excellency that, in an endeavor to bring
about a stricter control of the illicit traffic in narcotic drugs, the Treasury
Department of my Government has requested that an effort be made to estab-
lish closer co-operation between the appropriate officials of the United States
and certain European countries.
In view of the above, I have been directed by my Government to endeavor,
through the appropriate authorities of Your Excellency's Government, to ar-
range with the Government of the Free City of Danzig for
(1) The direct exchange between the Treasury Department of the
United States and the corresponding office in the Free City of Danzig of
information and evidence with reference to persons engaged in the illicit
traffic. This would include such information as photographs, criminal records,
finger prints, Bertillon measurements, description of the methods which the
persons in question have been found to use, the places from which they have
operated, the partners they have worked with, etc.
( 2 ) The immediate direct forwarding of information by letter or cable as
to the suspected movements of narcotic drugs, or of those involved in smug-
gling drugs, if such movements might concern the other country. Unless such
information as this reached its destination directly and speedily it is useless.
(3) Mutual co-operation in detective and investigating work.
For the information of the interested authorities I may state that the of-
ficer of the Treasury Department who would have charge, on behalf of the
1 The former Free City of Danzig was placed under Polish administration Aug. 2, 1945.
See Berlin (Potsdam) Conference, ante, vol. 3, pp. 1218 and 1234.
213
214 POLAND
Government of the United States, of the co-operation in the suppression of
the illicit traffic in narcotics is Colonel L. G. Nutt, whose mail and telegraph
address is Deputy Commissioner in Charge of Narcotics, Treasury Depart-
ment, Washington, D.C.
In the event that the proposed arrangement meets with the approval of the
Free City of Danzig, I should appreciate being advised of the name of the
official with whom Colonel Nutt should communicate.
Accept, Excellency, the assurance of my highest consideration.
J. Webb Benton
Charge a" Affaires ad interim
His Excellency
August Zaleski
Minister for Foreign Affairs
Warsaw
The Minister of Foreign Affairs to the American Charge a" Affaires ad interim
[TRANSLATION]
REPUBLIC OP POLAND
MINISTRY OF FOREIGN AFFAIRS
No. p.i.g. 20142 Warsaw, March 5, 1928
Mr. Charge d'affaires:
In answer to your letter of February 10 of the present year, concerning
the application of the most efficacious means for the control of the prohibited
traffic in noxious drugs, I have the honor to request that you kindly inform
me as to which drugs (narcotic drugs) it is the question of in your above-
mentioned note.
I would also appreciate your informing me if the arrangement is contem-
plated to apply exclusively to the Port of Danzig or to all the ports of Poland,
including the Port of Gdynia.
Accept, Mr. Charge dAffaires, the assurances of my high consideration.
For the Minister and
by his direction,
[Signature illegible]
Mr. J. Webb Benton
Charge d' Affaires a.i.
Legation of the United States of America
Warsaw
NARCOTIC DRUGS: DANZIG— FEBRUARY 10-AUGUST 24, 1928 215
The American Charge d' Affaires ad interim to the Minister of Foreign Affairs
Warsaw, Poland
no. io6i March 12 1928
Excellency:
I have the honor to acknowledge the receipt of Your Excellency's com-
munication No. P. I. G. 20142, dated March 5, 1928, in which reference is
made to my Note No. 1007 of February 10, 1928, concerning a stricter con-
trol of illicit narcotic drugs, and wherein information is requested as to what
narcotic drugs my note refers and whether the steps requested for the suppres-
sion of tliis illicit traffic would refer solely to the port of Danzig or to all ports
of Poland, including Gdynia.
In reply, I have the honor to advise Your Excellency that the suppression of
the illicit traffic in all narcotic drugs would appear to be desired by my
Government. It might be stated that in accordance with American practice
a narcotic drug is any liquid, powder, extract or medicinal preparation in
any form which in moderate doses allays susceptibility to pain, or which may
relieve pain entirely and produce profound sleep, but which in poisonous
doses is very dangerous and which may cause death. The chief narcotics are
opium, belladonna, Indian hemp, stramonium, hyoscyamus and lactucarium.
All of the above have various alkaloids or active principles, for instance mor-
phine is obtained from opium, while atropine is obtained from belladonna,
where as codeine and heroin are artificial alkaloids, derived from morphine.
Cocaine, which is an alkaloid obtained from coca leaves, should also be in-
cluded in the above list. It may be added, moreover, that irrespective of what
any drug or chemical may be, its real designation as a narcotic can only be
determined by its physiological effect upon the human system.
I have the honor to attach hereto copies of articles 573 and 574 of the
United States Customs Regulations, entitled, "Opium and other narcotic
drugs prohibited," and "Definitions"; as well as Treasury Decision No. 39154
of June 12, 1922, which is a prescription of the United States Federal Nar-
cotics Control Board.
In reply to Your Excellency's last inquiry, I have the honor to advise that
308-582—73 16
216 POLAND
the instructions of my Government would apply solely to the Free City of
Danzig.
Accept, Excellency, the renewed assurance of my high consideration.
J. Webb Benton
Charge a" Affairs ad interim
Enclosures:
Copies of Articles 573 and 574 of U.S. Customs Regulations
Copy of Treasury Decision 39154
His Excellency
August Zaleski
Minister for Foreign Affairs
Warsaw, Poland
UNITED STATES CUSTOMS REGULATIONS
Art. 573. Opium and other narcotic drugs prohibited.
The importation of opium in any form shipped by or consigned to Chinese subjects is
absolutely prohibited. The importation of smoking opium or opium prepared for smoking,
and of all narcotic drugs, by any person is also prohibited, except crude opium and coca
leaves, which may be imported under permits issued by the Federal Narcotics Control
Board, Treasury Department, Washington, D.C., by manufacturers actually engaged in
manufacturing from such crude opium products for the whole-sale trade for medical or
other legitimate uses.
Art. 574. Definitions.
(1) The term "narcotic drugs" means opium, coca leaves, cocaine, or any salt, deriva-
tive, or preparation of opium, coca leaves, or cocaine.
(2) The term "crude opium" shall be understood to mean the spontaneously coagu-
lated sap obtained from the soporific poppy (Papaver somniferum and related species),
and which may or may not have been subjected to further drying or other treatment,
thus covering all forms of opium known to the trade, such as gum opium, granulated
opium, powdered opium and deodorized (denarcotized) opium, except "smoking opium"
or "opium prepared for smoking."
(3) By coca leaves shall be understood the leaves of Erythroxylon coca, known commer-
cially as "Huanuco Coca," or the leaves of Erythroxylon truxillense, known commer-
cially as "Truxillo Coca," or the leaves of any other species of Erythroxylon yielding
cocaine.
(4) The term "cocaine" shall be understood to cover all forms of cocaine or its salts
known to the trade.
(5) The term "derivative" shall be understood to mean any alkaloid, or salt of any
alkaloid, or combination thereof, or any chemical compound prepared either directly or
indirectly from the alkaloids of opium or from cocaine. It shall include morphine, codeine,
ethylmorphine hydrochloride (known as dionin), or diacetylmorphine hydrochloride
(known as heroin), their salts or combinations and any new derivative of morphine, or
cocaine, or of any salts of morphine or cocaine, or any other alkaloid of opium.
(6) The term "preparation" shall mean any product, mixture, or compound contain-
ing or representing any quantity of opium or coca leaves or any derivative thereof.
TREASURY DECISION NO. 39 154, DATED JUNE 12, 1922.
The Federal Narcotics Control Board hereby prescribes the following regulations:
Regulation 1. Definitions, (a) The term "crude opium" shall be understood to mean
the spontaneously coagulated sap obtained from the soporific poppy (Papaver somniferum
and related species), and which may or may not have been subjected to further drying
NARCOTIC DRUGS: DANZIG— FEBRUARY 10-AUGUST 24, 1928 217
or other treatment, thus covering all forms of opium known to the trade, such as gum
opium, granulated opium, powdered opium, and deodorized (denarcotized) opium, ex-
cept "smoking opium" or "opium prepared for smoking."
(b) By coca leaves shall be understood the leaves of Erythroxylon Coca, known com-
mercially as "Huanuco Coca," or the leaves of Erythroxylon Truxillense, known commer-
cially as "Truxillo Coca," or the leaves of any other species of Erythroxylon yielding
cocaine.
(c) The term "cocaine" shall be understood to cover all forms of cocaine or its salts
known to the trade.
(d) The term "derivative" shall be understood to mean any alkaloid, or salt of an
alkaloid, or combination thereof, or any chemical compound prepared either directly or
indirectly from the alkaloids of opium or from cocaine. It shall include morphine, codeine,
ethylmorphine hydrochloride (known as dionin) or diacetylmorphine hydrochloride
(known as heroine), their salts or combinations and any new derivative of morphine or
cocaine, or of any salts of morphine or cocaine, or any other alkaloid of opium.
(e) The term "preparation" shall mean any product, mixture, or compound con-
taining or representing more than 2 grains of opium, or 1 grain of codeine, or one-fourth
grain of morphine or one-eighth grain of diacetylmorphine hydrochloride (heroine) ; or
0.1 per cent of cocaine in 1 fluid ounce or, if a solid or semisolid, in 1 avoirdupois ounce.
The Minister of Foreign Affairs to the American Minister
[translation]
no. p. i. 20414/28 Warsaw, August 24, 1928
Mr. Minister:
Referring to the notes of the American Legation dated February 10,
and March 12, 1928, relative to the organization of a strict collaboration
between the Treasury Department of Washington on one part, and the
corresponding competent office of the Senate of the Free City of Danzig on
the other, with reference to the fight against illegal traffic in narcotics, I
have the honor to communicate that questions concerning traffic in opium are
under the auspices of the Health Department of the Free City of Danzig.
This office will give the information requested by the Legation, however,
only in so far as it concerns narcotics enumerated in Article 4 of the Inter-
national Opium Convention, dated February 19, 1925.2
As to the other articles enumerated in the Legation's note such as bella-
donna, "pomme epineuse jusquiame", etc., I have the honor to inform you
that the legislation of the Free City of Danzig relative to the fight against
illegal traffic in narcotics does not include these articles.
Please accept, Mr. Minister, the assurances of my high consideration.
August Zaleski
To His Excellency
John B. Stetson
Envoy Extraordinary and
Minister Plenipotentiary
of the United States of America
at Warsaw
"81 League of Nations Treaty Series 317.
ARBITRATION
Treaty signed at Washington August 16, 1928
Senate advice and consent to ratification December 18, 1928
Ratified by the President of the United States January 4, 1929
Ratified by Poland December 23, 1929
Ratifications exchanged at Warsaw January 4, 1930
Proclaimed by the President of the United States January 6, 1930
Entered into force February 3, 1930
46 Stat. 2438; Treaty Series 805
The President of the United States of America and the President of the
Republic of Poland
Determined to prevent so far as in their power lies any interruption in the
peaceful relations that have always existed between the two nations;
Desirous of reaffirming their adherence to the policy of submitting to im-
partial decision all justiciable controversies that may arise between them ; and
Eager by their example not only to demonstrate their condemnation of
war as an instrument of national policy in their mutual relations, but also to
hasten the time when the perfection of international arrangements for the
pacific settlement of international disputes shall have eliminated forever the
possibility of war among any of the Powers of the world;
Have decided to conclude a treaty of arbitration and for that purpose they
have appointed as their respective Plenipotentiaries
The President of the United States of America :
Mr. Frank B. Kellogg, Secretary of State of the United States of
America;
The President of the Republic of Poland :
Mr. Jan Ciechanowski, Envoy Extraordinary and Minister Plenipoten-
tiary of Poland to the United States;
who, having communicated to one another their full powers found in good
and due form, have agreed upon the following articles:
Article I
All differences relating to international matters in which the High Con-
tracting Parties are concerned by virtue of a claim of right made by one
218
ARBITRATION— AUGUST 16, 1928 219
against the other under treaty or otherwise, which it has not been possible
to adjust by diplomacy, which have not been adjusted as a result of refer-
ence to an appropriate commission of conciliation, and which are justi-
ciable in their nature by reason of being susceptible of decision by the appli-
cation of the principles of law or equity, shall be submitted to the Permanent
Court of Arbitration established at The Hague by the Convention of Octo-
ber 18, 1907, 2 or to some other competent tribunal, as shall be decided in
each case by special treaty, which special treaty shall provide for the orga-
nization of such tribunal if necessary, define its powers, state the question
or questions at issue, and settle the terms of reference.
The special treaty in each case shall be made on the part of the United
States of America by the President of the United States of America by and
with the advice and consent of the Senate thereof, and on the part of Poland
by the President of the Republic of Poland in accordance with Polish
constitutional law.
Article II
The provisions of this treaty shall not be invoked in respect of any dispute
the subject matter of which
(a) is within the domestic jurisdiction of either of the High Contracting
Parties,
( b ) involves the interests of third Parties,
(c) depends upon or involves the maintenance of the traditional attitude
of the United States concerning American questions, commonly described as
the Monroe Doctrine,
( d ) depends upon or involves the observance of the obligations of Poland
in accordance with the Covenant of the League of Nations.2
Article III
The present treaty shall be ratified by the President of the United States of
America by and with the advice and consent of the Senate thereof and by the
President of the Republic of Poland in accordance with Polish constitutional
law.
The ratifications shall be exchanged at Warsaw as soon as possible, and the
treaty shall take effect on the thirtieth day after the date of the exchange of
ratifications.
It shall thereafter remain in force continuously unless and until terminated
1 TS 536, ante, vol. 1, p. 577.
2 Ante, vol. 2, p. 48.
220 POLAND
by one year's written notice given by either High Contracting Party to the
other.
In faith whereof the respective Plenipotentiaries have signed this treaty in
duplicate, each in the English and Polish languages, both texts having equal
force, and hereunto affixed their seals.
Done at Washington the 1 6th day of August in the year of our Lord one
thousand nine hundred and twenty-eight.
Frank B. Kellogg [seal]
Jan Ciechanowski [seal]
CONCILIATION
Treaty signed at Washington August 16, 1928
Senate advice and consent to ratification December 20, 1928
Ratified by the President of the United States January 4, 1929
Ratified by Poland December 23, 1929
Ratifications exchanged at Warsaw January 4, 1930
Proclaimed by the President of the United States January 6, 1930
Entered into force February 3, 1930
46 Stat. 2442; Treaty Series 806
The President of the United States of America and the President of the
Republic of Poland, being desirous to strengthen the bonds of amity that bind
them together and also to advance the cause of general peace, have resolved
to enter into a treaty for that purpose, and to that end have appointed as
their Plenipotentiaries :
The President of the United States of America
Mr. Frank B. Kellogg, Secretary of State of the United States;
The President of the Republic of Poland
Mr. Jan Ciechanowski, Envoy Extraordinary and Minister Plenipotentiary
of Poland to the United States;
Who, after having communicated to each other their respective full powers,
found to be in good and due form, have agreed upon the following articles :
Article I
Any disputes arising between the Government of the United States of
America and the Government of Poland, of whatever nature they may be,
shall, when ordinary diplomatic proceedings have failed and the High Con-
tracting Parties do not have recourse to adjudication by a competent tribunal,
be submitted for investigation and report to a permanent International Com-
mission constituted in the manner prescribed in the next succeeding Article ;
and they agree not to declare war or begin hostilities during such investigation
and before the report is submitted.
Article II
The International Commission shall be composed of five members, to be
221
222 POLAND
appointed as follows: one member shall be chosen from each country, by
the Government thereof; one member shall be chosen by each Government
from some third country ; the fifth member shall be chosen by common agree-
ment between the two Governments, it being understood that he shall not be
a citizen of either country.
The expenses of the Commission shall be paid by the two Governments in
equal proportions.
The International Commission shall be appointed within six months after
the exchange of ratifications of this treaty; and vacancies shall be filled accord-
ing to the manner of the original appointment.
Article III
In case the High Contracting Parties shall have failed to adjust a dispute
by diplomatic methods, and they do not have recourse to adjudication by a
competent tribunal, they shall at once refer it to the International Commission
for investigation and report. The International Commission may, however,
spontaneously by unanimous agreement offer its services to that effect, and
in such case it shall notify both Governments and request their cooperation
in the investigation.
The High Contracting Parties agree to furnish the Permanent Inter-
national Commission with all the means and facilities required for its investi-
gation and report.
The report of the Commission shall be completed within one year after the
date on which it shall declare its investigation to have begun, unless the High
Contracting Parties shall limit or extend the time by mutual agreement.
The report shall be prepared in triplicate ; one copy shall be presented to
each Government, and the third retained by the Commission for its files.
The High Contracting Parties reserve the right to act independently on
the subject matter of the dispute after the report of the Commission shall have
been submitted.
Article IV
The present treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate thereof, and by
the President of the Republic of Poland in accordance with Polish constitu-
tional law.
The ratifications shall be exchanged at Warsaw as soon as possible, and the
treaty shall take effect on the thirtieth day after the date of the exchange of
ratifications. It shall thereafter remain in force continuously unless and until
terminated by one year's written notice given by either High Contracting
Party to the other.
In faith whereof the respective Plenipotentiaries have signed this treaty in
CONCILIATION— AUGUST 16, 1928 223
duplicate, each in the English and Polish languages, both texts having equal
force, and hereunto affixed their seals.
Done at Washington the 1 6th day of August in the year of our Lord one
thousand nine hundred and twenty-eight.
Frank B. Kellogg [seal]
Jan Ciechanowski [seal]
REDUCTION OF VISA FEES FOR
NONIMMIGRANTS
Exchange of notes at Warsaw January 4 and March 8, 1929
Entered into force March 8, 1929; operative April 1, 1929
Terminated October 31, 1937 1
Department of State files
The American Charge d' Affaires to the Minister of Foreign Affairs
Warsaw, Poland
no. 1307 January 4, 1929
Excellency:
I have the honor to give below my understanding of an agreement reached
between Your Excellency's Government and the Government of the United
States for a reduction of passport visa charges :
On and after April 1, 1929, the Governments of the United States of
America and of the Republic of Poland are agreed that the charges for
non-immigrant passport visa fees shall be $4.00 (United States currency),
which visas shall be valid for any number of entries into the United States
by bearers of Polish passports, and any number of entries into Poland by
bearers of American passports, during a period of twelve months from the
date of issue of the visa, provided the passport remains valid during that
period and that the non-immigrant status of the bearer of the passport is
maintained. The length of sojourn, within the validity of the visa, shall be
determined according to the regulations in force in each country.
I should appreciate Your Excellency's confirmation of the above as soon
as possible to enable me to advise my Government accordingly.
Accept, Excellency, the renewed assurance of my highest consideration.
J. Webb Benton
Charge d' Affaires ad interim
His Excellency
August Zaleski
The Minister for Foreign Affairs
Warsaw, Poland
1 Pursuant to notice of termination given by Poland.
224
VISA FEES— JANUARY 4 AND MARCH 8, 1929 225
The Acting Minister of Foreign Affairs to the American Minister
[translation]
REPUBLIC OF POLAND
MINISTRY OF FOREIGN AFFAIRS
No. k/iiic. 362/29 Warsaw, March 8, 1929
Mr. Minister:
I have the honor to acknowledge the receipt of the Legation's note No.
1307 of January 4, 1929, and to express as follows the consentment of the
Polish Government to the agreement proposed in the said note on the sub-
ject of visas :
"Commencing April 1, 1929, the Governments of the United States of
America and of the Republic of Poland have reached an agreement relative
to the charges for non-emigrant visas, fixed at four dollars (United States
currency).
These visas will be good for an unlimited number of entries into the
United States for persons holding Polish passports, and for an unlimited
number of entries into Poland for persons holding American passports — for a
period of twelve months counting from the date of the visa, provided further
that the person holding this passport maintains his non-emigrant status.
The length of sojourn, within the validity of the visa, shall be determined
according to the laws in force in each country."
Accept, Mr. Minister, the assurances of my high consideration.
Alfred Wysocki
His Excellency
Mr. John B. Stetson
Envoy Extraordinary and Minister
Plenipotentiary
of the United States of America
Warsaw
WAIVER OF VISA FEES FOR NONIMMIGRANTS:
FREE CITY OF DANZIG
Exchange of notes at Washington October 29 and November 15, 1929,
and January 11 and 17, 1930
Entered into force February 1, 1930
Obsolete l
Department of State files
The Polish Minister to the Secretary of State
no. 2620/29 October 29, 1929
Sir,
Acting upon instructions received from Warsaw, I have the honor to
advise you, that the Senate of the Free City of Danzig has requested the
Ministry for Foreign Affairs of Poland, as the authority in charge of the
foreign relations of the Free City, to approach the Government of the
United States in the following matter:
The Danzig authorities require no visas for American citizens entering
or passing through the territory of that city. Consequently, American visi-
tors to Danzig do not have to pay visa fees. The Senate of the Free City
of Danzig would, therefore, deem it very desirable if the Government of the
United States would abolish, on the basis of reciprocity, all entry and transit
visa fees for those citizens of the Free City of Danzig who do not fall into
the class of immigrants within the provisions of the Immigration Act of 1924.2
Bringing the above to your kind attention I beg to add, that my Govern-
ment will feel greatly obliged for a favorable decision of the Government
of the United States regarding this request which I have the honor to sub-
mit to you on behalf of the Senate of the Free City of Danzig.
Accept, Sir, the renewed assurances of my highest consideration.
T. Filipowicz
The Honorable
Henry L. Stimson
Secretary of State
1 See footnote 1, ante, p. 213.
M3 Stat. 153.
226
VISA FEES: DANZIG— OCTOBER 29, 1929-JANUARY' 17, 1930 227
The Secretary of State to the Polish Minister
November 15, 1929
Sir:
Reference is made to your note of October 29, 1929 (File No. 2620/29)
suggesting, on behalf of the Senate of the Free City of Danzig, the conclu-
sion of a reciprocal agreement with the United States Government for
the mutual waiver of visa fees, as regards citizens of the Free City of Danzig
and of the United States, respectively, who are non-immigrants in the
meaning of Section 3(2) of the Immigration Act of 1924.
In reply I have pleasure in requesting that you convey to the appropriate
authorities of the Free City of Danzig the agreement of the United States
Government to the suggestion referred to above, subject to further con-
firmation as to the effective date of such agreement, which it is proposed
be fixed as January 1, 1930. Upon receipt of such confirmation this Depart-
ment will send appropriate notification to its consular offices abroad in order
that its terms may be put into effect as of the date agreed upon.
I may add as a matter of record that the classes of aliens who would be
classified as non-immigrants are the following:
"(1) a government official, his family, attendants, servants, and
employees,
(2) an alien visiting the United States temporarily as a tourist or
temporarily for business or pleasure,
(3) an alien in continuous transit through the United States,
(4) an alien lawfully admitted to the United States who later goes in
transit from one part of the United States to another through foreign con-
tiguous territory,
(5) a bona fide alien seaman serving as such on a vessel arriving at a
port of the United States and seeking to enter temporarily the United States
solely in the pursuit of his calling as a seaman, and
( 6 ) an alien entitled to enter the United States solely to carry on trade
under and in pursuance of the provisions of a present existing treaty of
commerce and navigation."
It may also be pointed out that no fees are charged by this government
at present for the issue of passport visas to foreign government officials
or to aliens passing in transit through the United States. The inclusion of
classes ( 1 ) and ( 3 ) in the agreement would therefore confer upon citizens
of the Free City of Danzig classifiable thereunder no new privilege which
they do not already enjoy under existing laws and regulations.
Accept, Sir, the renewed assurances of my highest consideration.
For the Secretary of State:
Wilbur J. Carr
Mr. Tytus Filipowicz
Minister of Poland
228 POLAND
The Polish Minister to the Acting Secretary of State
No. 129/30 January 11, 1930
Sir:
Acting upon instructions received from Warsaw and with reference to
your note of November 15, 1929, No. 811.11101 Waivers 60k, I have the
honor to advise that the Senate of the Free City of Danzig has requested
the Ministry for Foreign Affairs of Poland, as the institution in charge of
the foreign relations of the Free City to bring to the notice of the Government
of the United States that the Senate of the Free City has no reservations as to
the effective date of the agreement between the United States Government
and the Free City of Danzig for the mutual waiver of visa fees, as regards
citizens of the Free City and of the United States, respectively, who are non-
immigrants in the meaning of Section 3 ( 2 ) of the Immigration Act of 1924.
I have the honor to suggest February 1, 1930, as the effective date of such
agreement, and would be grateful if you would kindly inform me whether
this date would be convenient to the United States Government.
Accept, Sir, the renewed assurances of my highest consideration.
T. Filipowicz
The Honorable
Joseph P. Cotton
Acting Secretary of State
The Acting Secretary of State to the Polish Minister
January 17, 1930
Sir:
Reference is made to your note No. 129/30 of January 11, 1930, suggest-
ing that the reciprocal agreement between the United States Government
and the Free City of Danzig for the mutual waiver of visa fees as regards
citizens of the Free City of Danzig and of the United States, respectively, who
are non-immigrants within the meaning of Section 3(2) of the Immigration
Act of 1924, become effective February 1 , 1930.
In reply I have pleasure in informing you that the effective date of the
agreement as proposed by you is satisfactory to the United States Govern-
ment, and that this Department is sending appropriate notification to its
consular officers abroad in order that its terms may be put into effect as of
the date February 1, 1930.
Accept, Sir, the renewed assurances of my highest consideration.
For the Acting Secretary of State :
Wilbur J. Carr
Mr. Tytus Filipowicz
Minister of Poland
RECOGNITION OF SHIP MEASUREMENT
CERTIFICATES
Exchanges of notes at Washington January 17, March 14, and April 22,
1930; related note of October 5, 1934
Entered into force April 22, 1930
49 Stat. 3663 ; Executive Agreement Series 71
The Polish Ambassador to the Secretary of State
xo. 1635/29 January 17, 1930
Sir:
I have been instructed by my Government, desirous of negotiating with the
Government of the United States an agreement relative to the tonnage
measurement of ships, to present for your consideration translations of the
following documents : *
Decree of the President of the Republic of Poland of May 17th, 1927,
relating to the tonnage measurement of ships
Decree of the Minister of Industry and Commerce of November 24th,
1927
Regulations as to the tonnage measurement of ships, as well as copies
of Polish certificates of tonnage.
In doing so, I have the honor to ask you, Mr. Secretary, to take cognizance
of the attached documents and to inform me subsequently, if it be your
pleasure to have representatives of the Department of State enter into nego-
tiations with representatives of this Legation with a view to negotiating, on
the basis of the attached documents, an agreement which would assure that
certificates of tonnage of vessels of either High Contracting Party be recipro-
cally accepted as establishing the ships' tonnage in respect to levying of harbor
duties and taxes.
Accept, Sir, the renewed assurances of my highest consideration.
T. Filipowicz
Enclosures :
Translations of documents referred to above.
The Honorable
Henry L. Stimson
Secretary of State
1 Not printed.
229
230 POLAND
The Acting Secretary of State to the Polish Ambassador
Department of State
Washington, March 14, 1930
Excellency:
I have the honor to refer to Your Excellency's note No. 1635/29 of Jan-
uary 17, 1930, enclosing copies of documents relating to the tonnage meas-
urement of ships. The regulations of Poland on this subject have been found
to be substantially the same as those of the United States.
Accordingly, I have the honor to inform you that, in consideration of a like
courtesy being extended to vessels of the United States in Polish ports, the ap-
propriate agency of this Government will recognize the tonnage noted in the
certificates of registry or other national papers carried by Polish vessels, deter-
mined pursuant to the decrees and regulations transmitted with your note of
January 17, 1930, as fulfilling the requirements in regard to measurement
under the laws and regulations of the United States, and that it will not be
necessary for vessels of Poland to be remeasured at any port of the United
States.
I shall be glad to be informed when appropriate steps under Polish laws or
regulations have been taken to give effect to a reciprocal exemption in favor
of vessels of the United States.
This Government considers that the existence of the arrangement between
the two countries on this subject may appropriately be evidenced by this note
and Your Excellency's reply thereto.
Accept, Excellency, the renewed assurances of my highest consideration.
J. P. Cotton
Acting Secretary of State
His Excellency
Mr. Tytus Filipowicz
Ambassador of Poland
The Polish Ambassador to the Acting Secretary of State
no. 1030/30 April 22, 1930
Sir:
I have the honor to refer to your note of March 14th, 1930, with which
you confirm the receipt of my note of January 17, 1930, and inform me that
Poland's regulations on the subject of tonnage measurements of vessels having
SHIP MEASUREMENTS— JANUARY i7-APRIL 22, 1930 231
been found to be substantially the same as those of the United States, the
appropriate agency of the United States Government, in consideration of a
like courtesy being extended to vessels of the United States in Polish ports, will
recognize the tonnage noted in the certificates of registry or other national
papers carried by Polish vessels issued in accordance with the regulations
transmitted with my note of January 17, 1930, as fulfilling the requirements
in regard to measurement under the laws and regulations of the United
States, and that it will not be necessary for vessels of Poland to be remeasured
at any port of the United States.
Simultaneously, I am informing my Government that, by transmitting to
you this note, the agreement on the above subject between the United States
and Poland has been definitely closed, in order to enable them to publish the
above in the "Monitor Polski", official daily of the Polish Government and in
order that the Minister of Industry and Commerce may issue proper instruc-
tions to the Polish harbor authorities.
In accordance with the wish expressed in your above mentioned note, I
will inform you when appropriate steps have been taken to effect the recipro-
cal exemption in favor of vessels of the United States.
Accept, Sir, the renewed assurances of my highest consideration.
T. Filipowicz
The Honorable
Joseph P. Cotton
Acting Secretary of State
The Polish Ambassador to the Secretary of State
AMBASSADE DE POLOGNE
99/sz_3 October 5, 1934
Sir,
Referring to the exchange of notes which took place in 1930, between the
Polish Government and the Government of the United States relative to the
mutual recognition of the tonnage measurement of ships, I have the honor to
enclose herewith a copy, with a certified translation, of the Proclamation,
dated July 10, 1930, issued by the Minister of Industry and Commerce of
the Republic of Poland.
The said Proclamation, which is published in the official "Monitor Polski"
of July 22, 1930, No. 167, pos. 254, states that the Polish merchant marine
authorities recognize the tonnage measurement certificates of the sea-going
232 POLAND
merchant vessels of the United States of North America equally with Polish
certificates.
Accept, Sir, the renewed assurances of my highest consideration.
S. Patek
end.
The Honorable
Cordell Hull,
Secretary of State
[ENCLOSURE]
PROCLAMATION
of the Minister of Industry and Commerce of July 10, 1930 in the matter of
recognizing by Polish merchant marine authorities of tonnage measure-
ment certificates of merchant vessels of the United States of North America
Be it known that, in accordance with the agreement, concluded between
the Polish Government and the Government of the United States of North
America by way of an exchange of notes, to wit the note of the Polish Gov-
ernment dated January 17, 1930, and the note of the Government of the
United States dated March 4 [14], 1930, — the Polish merchant marine au-
thorities recognize the tonnage measurement certificates of the sea-going mer-
chant vessels of the United States of North America equally with Polish
certificates.
Minister of Industry and Commerce:
E. KWIATKOWSKI
SMUGGLING OF INTOXICATING LIQUORS
Convention signed at Washington June 19, 1930
Senate advice and consent to ratification June 28, 1930
Ratified by the President of the United States July 1 1, 1930
Ratified by Poland August 1, 1930
Ratifications exchanged at Warsaw August 2, 1930
Entered into force August 2, 1930
Proclaimed by the President of the United States August 8, 1930
46 Stat. 2773 ; Treaty Series 82 1
The President of the United States of America and the President of the
Republic of Poland being desirous of avoiding any difficulties which might
arise between the United States and Poland in connection with the laws in
force in the United States on the subject of alcoholic beverages have decided
to conclude a Convention for that purpose, and have appointed as their
Plenipotentiaries :
The President of the United States of America: Mr. Henry L. Stimson.,
Secretary of State of the United States; and the President of the Republic
of Poland: Mr. Tytus Filipowicz, Ambassador Extraordinary and Pleni-
potentiary of Poland to the United States:
Who, having communicated their full powers found in good and due form,
have agreed as follows :
Article I
The High Contracting Parties respectively retain their rights and claims,
without prejudice by reason of this Convention, with respect to the extent of
their territorial jurisdiction.
Article II
( 1 ) It is agreed that the Government of Poland will raise no objection
to the boarding of private vessels under the Polish flag outside the limits
of territorial waters by the authorities of the United States, its territories or
possessions in order that enquiries may be addressed to those on board and
an examination be made of the ship's papers for the purpose of ascertaining
whether the vessel or those on board are endeavoring to import or have im-
ported alcoholic beverages into the United States, its territories or posses-
233
234 POLAND
sions in violation of the laws there in force. When such enquiries and exami-
nation show a reasonable ground for suspicion, a search of the vessel may
be initiated.
( 2 ) If there is reasonable cause for belief that the vessel has committed
or is committing or attempting to commit an offense against the laws of the
United States, its territories or possessions prohibiting the importation of
alcoholic beverages, the vessel may be seized and taken into a port of the
United States, its territories or possessions for adjudication in accordance with
such laws.
(3) The rights conferred by this article shall not be exercised at a greater
distance from the coast of the United States, its territories or possessions than
can be traversed in one hour by the vessel suspected of endeavoring to com-
mit the offense. In cases, however, in which the liquor is intended to be
conveyed to the United States, its territories or possessions by a vessel other
than the one boarded and searched, it shall be the speed of such other vessel
and not the speed of the vessel boarded, which shall determine the distance
from the coast at which the right under this article can be exercised.
Article III
No penalty or forfeiture under the laws of the United States shall be appli-
cable or attach to alcoholic liquors or to vessels or persons by reason of the
carriage of such liquors, when such liquors are listed as sea stores or cargo
destined for a port foreign to the United States, its territories or possessions
on board Polish vessels voyaging to or from ports of the United States, or
its territories or possessions or passing through the territorial waters thereof,
and such carriage shall be as now provided by law with respect to the transit
of such liquors through the Panama Canal, provided that such liquors shall
be kept under seal continuously while the vessel on which they are carried
remains within said territorial waters and that no part of such liquors shall
at any time or place be unladen within the United States, its territories or
possessions.
Article IV
Any claim by a Polish vessel for compensation on the grounds that it has
suffered loss or injury through the improper or unreasonable exercise of the
rights conferred by Article II of this Convention or on the ground that it
has not been given the benefit of Article III shall be referred for the joint
consideration of two persons, one of whom shall be nominated by each of
the High Contracting Parties.
Effect shall be given to the recommendations contained in any such joint
report. If no joint report can be agreed upon, the claim shall be referred to
the Permanent Court of Arbitration at The Hague described in the Conven-
SMUGGLING— JUNE 19, 1930 235
tion for the Pacific Settlement of International Disputes, concluded at The
Hague, October 18, 1907.1 The Arbitral Tribunal shall be constituted in
accordance with Article 87 (Chapter IV) and with Article 59 (Chapter III)
of the said Convention. The proceedings shall be regulated by so much of
Chapter IV of the said Convention and of Chapter III thereof (special
regard being had for Articles 70 and 74, but excepting Articles 53 and 54)
as the Tribunal may consider to be applicable and to be consistent with
the provisions of this Convention. All sums of money which may be awarded
by the Tribunal on account of any claim shall be paid within eighteen months
after the date of the final award without interest and without deduction,
save as hereafter specified. Each Government shall bear its own expenses.
The expenses of the Tribunal shall be defrayed by a ratable deduction from
the amount of the sums awarded by it, at a rate of five per cent, on such
sums, or at such lower rate as may be agreed upon between the two Govern-
ments; the deficiency, if any, shall be defrayed in equal moieties by the two
Governments.
Article V
This Convention shall be subject to ratification and shall remain in force
for a period of one year from the date of the exchange of ratifications.
Three months before the expiration of the said period of one year, either
of the High Contracting Parties may give notice of its desire to propose modi-
fications in the terms of the Convention.
If such modifications have not been agreed upon before the expiration
of the term of one year mentioned above, the Convention shall lapse.
If no notice is given on either side of the desire to propose modifications,
the Convention shall remain in force for another year, and so on automati-
cally, but subject always in respect of each such period of a year to the right
on either side to propose as provided above three months before its expira-
tion modifications in the Convention, and to the provision that if such
modifications are not agreed upon before the close of the period of one year,
the Convention shall lapse.
Article VI
In the event that either of the High Contracting Parties shall be prevented
either by judicial decision or legislative action from giving full effect to the
provisions of the present Convention the said Convention shall automatically
lapse, and, on such lapse or whenever this Convention shall cease to be in
force, each High Contracting Party shall enjoy all the rights which it would
have possessed had this Convention not been concluded.
The present Convention shall be duly ratified by the High Contracting
Parties and the ratifications shall be exchanged at Warsaw as soon as possible.
1 TS 536, ante, vol. 1, p. 577.
236 POLAND
In witness whereof, the respective Plenipotentiaries have signed the present
Convention in duplicate in the English and Polish languages, and have
thereunto affixed their seals.
Done at the city of Washington this 19th day of June, one thousand nine
hundred and thirty.
Henry L. Stimson [seal]
Tytus Filipowicz [seal]
FRIENDSHIP, COMMERCE, AND CONSULAR
RIGHTS
Treaty and exchange of notes signed at Washington June 15, 1931
Senate advice and consent to ratification of treaty April 5, 1932
Ratified by the President of the United States April 21, 1932
Ratified by Poland April 20, 1933
Ratifications exchanged at Warsaw June 9, 1933
Entered into force July 9, 1933
Proclaimed by the President of the United States July 10, 1933
Terminated January 5, 1952 1
48 Stat. 1507; Treaty Series 862
Treaty
The United States of America and the Republic of Poland, desirous of
strengthening the bond of peace which happily prevails between them, by
arrangements designed to promote friendly intercourse between their respec-
tive territories through provisions responsive to the spiritual, cultural, eco-
nomic and commercial aspirations of the peoples thereof, have resolved to
conclude a Treaty of Friendship, Commerce and Consular Rights and for
that purpose have appointed as their plenipotentiaries :
The President of the United States of America, Henry L. Stimson, Secre-
tary of State of the United States of America, and
The President of the Republic of Poland, Tytus Filipowicz, Ambassador
Extraordinary and Plenipotentiary of Poland in Washington,
who, having communicated to each other their full powers found to be in
due form, have agreed upon the following articles :
Article I
The nationals of each of the High Contracting Parties shall be permitted
to enter, travel and reside in the territories of the other; to exercise liberty
of conscience and freedom of worship; to engage in professional, scientific,
religious, philanthropic, manufacturing and commercial work of every kind ;
to carry on every form of commercial activity which is not forbidden by the
1 Pursuant to notice of termination given by the United States July 5, 1951.
237
238 POLAND
local law; to own, erect, or lease and occupy appropriate buildings and to
lease lands for residential, scientific, religious, philanthropic, manufacturing,
commercial and mortuary purposes; to employ agents of their choice; and
generally the said nationals shall be permitted, upon submitting themselves to
all local laws and regulations duly established, to enjoy all of the foregoing
privileges and to do anything incidental to or necessary for the enjoyment
of those privileges, upon the same terms as nationals of the State of residence,
except as otherwise provided by laws of either High Contracting Party in
force at the time of the signature of this Treaty. In so far as the laws of either
High Contracting Party in force at the time of the signature of this Treaty do
not permit nationals of the other Party to enjoy any of the foregoing privileges
upon the same terms as the nationals of the State of residence, they shall
enjoy, on condition of reciprocity, as favorable treatment as nationals of the
most favored nation.
The nationals of either High Contracting Party within the territories of the
other shall not be subjected to the payment of any internal charges or taxes
other or higher than those that are exacted of and paid by its nationals.
The nationals of each High Contracting Party shall enjoy freedom of access
to the courts of justice of the other on conforming to the local laws, as well for
the prosecution as for the defense of their rights, in all degrees of jurisdiction
established by law.
The nationals of each High Contracting Party shall receive within the
territories of the other, upon submitting to conditions imposed upon its
nationals, the most constant protection and security for their persons and
property, and shall enjoy in this respect that degree of protection that is
required by international law. Their property shall not be taken without due
process of law and without payment of just compensation.
Nothing contained in this Treaty shall be construed to affect existing stat-
utes of either of the High Contracting Parties in relation to emigration or to
immigration or the right of either of the High Contracting Parties to enact
such statutes, provided, however, that nothing in this paragraph shall prevent
the nationals of either High Contracting Party from entering, traveling and
residing in the territories of the other Party in order to carry on international
trade or to engage in any commercial activity related to or connected with
the conduct of international trade on the same terms as nationals of the most
favored nation.
Nothing contained in this Treaty is to be considered as interfering with the
right of either party to enact or enforce statutes concerning the protection
of national labor.
Article II
With respect to that form of protection granted by National, State, or
Provincial laws establishing civil liability for injuries or for death, and giving
to relatives or heirs or dependents of an injured party a right of action or a
COMMERCE AND CONSULAR RIGHTS— JUNE 15, 1931 239
pecuniary benefit, such relatives or heirs or dependents of the injured party,
himself a national of either of the High Contracting Parties and injured
within any of the territories of the other, shall, regardless of their alienage or
residence outside of the territory where the injury occurred, enjoy the same
rights and privileges as are or may be granted to nationals, and under like
conditions.
Article III
The dwellings, warehouses, manufactories, shops, and other places of
business, and all premises thereto appertaining of the nationals of each of the
High Contracting Parties in the territories of the other, used for any purposes
set forth in Article I, shall be respected. It shall not be allowable to make a
domiciliary visit to, or search of, any such buildings and premises, or there to
examine and inspect books, papers or accounts, except under the conditions
and in conformity with the forms prescribed by the laws, ordinances and
regulations for nationals.
Article IV
Where, on the death of any persons holding real or other immovable
property or interests therein within the territories of one High Contracting
Party, such property or interests therein would, by the laws of the country
or by a testamentary disposition, descend or pass to a national of the other
High Contracting Party, whether resident or non-resident, were he not
disqualified by the laws of the country where such property or interests
therein is or are situated, such national shall be allowed a term of three
years in which to sell the same, this term to be reasonably prolonged if
circumstances render it necessary, and withdraw the proceeds thereof,
without restraint or interference, and exempt from any succession, probate
or administrative duties or charges other than those which may be imposed
in like cases upon the nationals of the country from which such proceeds
may be drawn.
Nationals of either High Contracting Party may have full power to dis-
pose of their personal property of every kind within the territories of the
other, by testament, donation, or otherwise, and their heirs, legatees and
donees, of whatsoever nationality, whether resident or non-resident, shall
succeed to such personal property, and may take possession thereof, either
by themselves or by others acting for them, and retain or dispose of the
same at their pleasure subject to the payment of such duties or charges only
as the nationals of the High Contracting Party within whose territories
such property may be or belong shall be liable to pay in like cases.
Article V
The nationals of each of the High Contracting Parties in the exercise
of the right of freedom of worship, within the territories of the other, as
308-582—73 17
240 POLAND
hereinabove provided, may, without annoyance or molestation of any kind
by reason of their religious belief or otherwise, conduct services either within
their own houses or within any appropriate buildings which they may be
at liberty to erect and maintain in convenient situations, provided their
teachings or practices are not contrary to public morals; and they may also
be permitted to bury their dead according to their religious customs in
suitable and convenient places established and maintained for the purpose
subject to the mortuary and sanitary laws and regulations of the place of
burial.
Article VI
Between the territories of the High Contracting Parties there shall be
freedom of commerce and navigation. The nationals of each of the High
Contracting Parties equally with those of the most favored nation, shall
have liberty freely to come with their vessels and cargoes to all places, ports
and waters of every kind within the territorial limits of the other which are
or may be open to foreign commerce and navigation. Nothing in this Treaty
shall be construed to restrict the right of either High Contracting Party
to impose on such terms as it may see fit, prohibitions or restrictions designed
to protect human, animal, or plant life and health, or regulations for the
enforcement of police or revenue laws, including laws prohibiting or restrict-
ing the importation or sale of alcoholic beverages or narcotics.
Each of the High Contracting Parties binds itself unconditionally to
impose no higher or other duties or charges, and no condition or prohibi-
tion on the importation of any article, the growth, produce, or manufacture
of the territories of the other Party than are or shall be imposed on the
importation of any like article, the growth, produce or manufacture of any
other country. Administrative orders effecting advances in duties or changes
in regulations applicable to imports shall not be made operative until the
elapse of sufficient time, after promulgation in the usual official manner, to
afford reasonable notice of such advances or changes. The foregoing provi-
sion does not relate to orders made operative as required by provisions of
law or judicial decisions, or to measures for the protection of human, animal
or plant life or for the enforcement of police laws.
Each of the High Contracting Parties also binds itself unconditionally
to impose no higher or other charges or other restrictions or prohibitions
on goods exported to the territories of the other High Contracting Party
than are imposed on goods exported to any other foreign country.
Neither High Contracting Party shall establish or maintain restrictions
on imports from or exports to the territories of the other Party which are
not applied to the import and export of any like article originating in or
destined for any other country. Any withdrawal of an import or export
restriction which is granted even temporarily by one of the Parties in favor
of the articles of a third country shall be applied immediately and uncon-
COMMERCE AND CONSULAR RIGHTS— JUNE 15, 1931 241
ditionally to like articles originating in or destined for the other Contracting
Party. In the event of rations or quotas being established for the importa-
tion or exportation of articles restricted or prohibited, each of the High
Contracting Parties agrees to grant for the importation from or exportation
to the territories of the other Party an equitable share in the allocation of
the quantity of restricted goods which may be authorized for importation
or exportation.
Any advantage concerning charges, duties, formalities and conditions of
their application which either High Contracting Party may extend to any
article, the growth, produce or manufacture of any other foreign country,
shall simultaneously and unconditionally, without request and without com-
pensation be extended to the like article the growth, produce or manufac-
ture of the other High Contracting Party.
All articles which are or may be legally imported from foreign countries
into ports of the United States of America or are or may be legally exported
therefrom in vessels of the United States of America, may likewise be im-
ported into these ports or exported therefrom in Polish vessels without being
liable to any other or higher duties or charges whatsoever than if such
articles were imported or exported in vessels of the United States of America;
and, reciprocally, all articles which are or may be legally imported from
foreign countries into the ports of Poland or are or may be legally exported
therefrom in Polish vessels, may likewise be imported into these ports or
exported therefrom in vessels of the United States of America without being
liable to any other or higher duties or charges whatsoever than if such articles
were imported or exported in Polish vessels.
In the same manner there shall be perfect reciprocal equality in relation
to the flags of the two countries with regard to bounties, drawbacks and
other privileges of this nature, of whatever denomination, which may be
allowed in the territories of each of the Contracting Parties, on goods im-
ported or exported in national vessels so that such bounties, drawbacks and
other privileges shall also and in like manner be allowed on goods imported
or exported in vessels of the other country.
With respect to the amount and collection of duties on imports and exports
of every kind, each of the two High Contracting Parties binds itself to give
to the nationals, vessels and goods of the other the advantage of every favor,
privilege or immunity which it shall have accorded to the nationals, vessels and
goods of a third state, whether such favored state shall have been accorded
such treatment gratuitously or in return for reciprocal compensatory treat-
ment. Every such favor, privilege or immunity which shall hereafter be granted
the nationals, vessels or goods of a third State shall simultaneously and uncon-
ditionally, without request and without compensation be extended to the
other High Contracting Party for the benefit of itself, its nationals, vessels
and goods.
242 POLAND
No distinction shall be made by either High Contracting Party between
direct and indirect importations of articles originating in the territories of the
other Party from whatever place arriving. In so far as importations into
Poland are concerned, the foregoing stipulation applies only in the case of
goods which for a part of the way from the place of their origin to the place
of their ultimate destination had to be carried across the ocean.
Either Contracting Party has the right to require that articles which are
imported from the territories of the other Party and are entitled under the
provisions of this Treaty to the benefit of the duties or charges accorded to the
most favored nation, must be accompanied by such documentary proof of
their origin as may be required in pursuance of the laws and regulations of
the country into which they are imported, provided, however, that the re-
quirements imposed for this purpose shall not be such as to constitute in fact
a hindrance to indirect trade. The requirements for furnishing such proof of
origin shall be agreed upon and made effective by exchanges of notes between
the Hi?h Contracting; Parties.2
The stipulations of this article shall not extend :
(a) To the treatment which either High Contracting Party shall accord
to purely border traffic within a zone not exceeding ten miles ( 15 kilometers)
wide on either side of its customs frontier.
(b) To the special privileges resulting to States in customs union with
either High Contracting Party so long as such special privileges are not ac-
corded to any other State.
(c) To the treatment which is accorded by the United States of America
to the commerce of Cuba under the provisions of the commercial convention
concluded by the United States of America and Cuba on December 11, 1902,3
or any other commercial convention which hereafter may be concluded by
the United States of America with Cuba. Such stipulations, moreover do not
extend to the treatment which is accorded to commerce between the United
States of America and the Panama Canal Zone or any of the dependencies
of the United States of America, or to the commerce of the dependencies
of the United States of America with one another under existing and future
laws.
(d) To the provisional customs regime in force between Polish and Ger-
man parts of Upper Silesia laid down in the German-Polish Convention
signed at Geneva on May 15, 1922.
Article VII
The nationals and merchandise of each High Contracting Party within the
territories of the other shall receive the same treatment as nationals and mer-
' For exchange of notes concerning proof of origin, see p. 252.
TS 427, ante, vol. 6, p. 1 106, CUBA.
COMMERCE AND CONSULAR RIGHTS— JUNE 15, 1931 243
chandise of the country with regard to internal taxes, charges in respect to
warehousing and other facilities.
Article VIII
No duties of tonnage, harbor, pilotage, lighthouse, quarantine, or other
similar or corresponding duties or charges of whatever denomination, levied
in the name or for the profit of the Government, public functionaries, private
individuals, corporations or establishments of any kind shall be imposed in
the ports of the territories of either country upon the vessels of the other,
which shall not equally, under the same conditions, be imposed on national
vessels. Such equality of treatment shall apply reciprocally to the vessels of the
two countries respectively from whatever place they may arrive and whatever
may be their place of destination.
Article IX
For the purposes of this Treaty, merchant vessels and other privately owned
vessels under the flag of either of the High Contracting Parties, and carrying
the papers required by its national laws in proof of nationality, shall, both
within the territorial waters of the other High Contracting Party and on the
high seas, be deemed to be the vessels of the Party whose flag is flown.
Article X
Merchant vessels and other privately owned vessels under the flag of either
of the High Contracting Parties shall be permitted to discharge portions of
cargoes at any port open to foreign commerce in the territories of the other
High Contracting Party, and to proceed with the remaining portions of such
cargoes to any other ports of the same territories open to foreign commerce,
without paying other or higher tonnage dues or port charges in such cases
than would be paid by national vessels in like circumstances, and they shall
be permitted to load in like manner at different ports in the same voyage
outward, provided, however, that the coasting trade of the High Contracting
Parties is exempt from the provisions of this Article and from the other pro-
visions of this Treaty, and is to be regulated according to the laws of each
High Contracting Party in relation thereto. It is agreed, however, that the
nationals of either High Contracting Party shall within the territories of the
other enjoy with respect to the coasting trade the most favored nation
treatment.
The provisions of this Treaty relating to the mutual concession of national
treatment in matters of navigation do not apply to special privileges reserved
by either High Contracting Party for the fishing and shipbuilding industries.
Article XI
Limited liability and other corporations and associations, whether or not for
pecuniary profit, which have been or may hereafter be organized in accord-
244 POLAND
ance with and under the laws, National, State or Provincial, of either High
Contracting Party and maintain a central office within the territories thereof,
shall have their juridical status recognized by the other High Contracting
Party provided that they pursue no aims within its territories contrary to its
laws. They shall enjoy freedom of access to the courts of law and equity, on
conforming to the laws regulating the matter, as well for the prosecution as
for the defense of rights in all the degrees of jurisdiction established by law.
The right of such corporations and associations of either High Contracting
Party so recognized by the other to establish themselves within its territories,
establish branch offices and fulfill their functions therein shall depend upon,
and be governed solely by the consent of such Party as expressed in its Na-
tional, State, or Provincial laws and regulations.
Article XII
The nationals of either High Contracting Party shall enjoy within the
territories of the other, reciprocally and upon compliance with the conditions
there imposed, such rights and privileges as have been or may hereafter be
accorded the nationals of any other State with respect to the organization
of and participation in limited liability and other corporations and associa-
tions, for pecuniary profit or otherwise, including the rights of promotion,
incorporation, purchase and ownership and sale of shares and the holding of
executive or official positions therein. In the exercise of the foregoing rights
and with respect to the regulation or procedure concerning the organization
or conduct of such corporations or associations, such nationals shall be sub-
jected to no conditions less favorable than those which have been or may
hereafter be imposed upon the nationals of the most favored nation. The
rights of any of such corporations or associations as may be organized or
controlled or participated in by the nationals of either High Contracting
Party within the territories of the other to exercise any of their functions
therein, shall be governed by the laws and regulations, National, State or
Provincial, which are in force or may hereafter be established within the ter-
ritories of the Party wherein they propose to engage in business.
The nationals of either High Contracting Party, shall, moreover, enjoy
within the territories of the other, on condition of reciprocity, and upon com-
pliance with the conditions there imposed, such rights and privileges as may
hereafter be accorded the nationals of any other State with respect to the
mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain
of the other. It is understood, however, that neither High Contracting Party
shall be required by anything in this paragraph to grant any application for
any such right or privilege if at the time such application is presented the
granting of all similar applications shall have been suspended or discontinued.
COMMERCE AND CONSULAR RIGHTS— JUNE 15, 1931 245
Article XIII
Commercial travelers representing manufacturers, merchants and traders
domiciled in the territories of either High Contracting Party shall on their
entry into and sojourn in the territories of the other Party and on their depar-
ture therefrom be accorded the most favored nation treatment in respect of
customs and other privileges and of all charges and taxes of whatever denomi-
nation applicable to them or to their samples.
If either High Contracting Party shall deem necessary the presentation of
an authentic document establishing the identity and authority of commercial
travelers representing manufacturers, merchants or traders domiciled in the
territories of the other Party in order that such commercial traveler may
enjoy in its territories the privileges accorded under this Article, the High
Contracting Parties will agree by exchange of notes on the form of such
document and the authorities or persons by whom it shall be issued.
Article XIV
There shall be complete freedom of transit through the territories including
territorial waters of each High Contracting Party on the most convenient
routes open for international transit, by rail, navigable waterway, and canal,
other than the Panama Canal and waterways and canals which constitute
international boundaries, to persons, their luggage and goods coming from,
going to or passing through the territories of the other High Contracting
Party, except such persons as may be forbidden admission into its territories,
or goods or luggage of which the importation may be prohibited by law.
Persons, their luggage and goods in transit shall not be subjected to any transit
duty, or to any unnecessary delays or restrictions, or to any discrimination as
regards charges, facilities or any other matter.
Goods in transit must be entered and cleared at the proper custom house,
but they shall be exempt from all customs or other similar duties.
All charges imposed on transport in transit shall be reasonable, having
regard to the conditions of the traffic.
Nothing in this Article shall affect the right of either of the High Con-
tracting Parties to prohibit or restrict the transit of arms, munitions and
military equipment in accordance with treaties or conventions that may have
been or may hereafter be entered into by either Party with other countries.
Article XV
Each of the High Contracting Parties agrees to receive from the other,
consular officers in those of its ports, places and cities, where it may be con-
venient and which are open to consular representatives of any foreign country.
Consular officers of each of the High Contracting Parties shall after enter-
ing upon their duties, enjoy reciprocally in the territories of the other all the
rights, privileges, exemptions and immunities which are enjoyed by officers
246 POLAND
of the same grade of the most favored nation. As official agents, such officers
shall be entitled to the high consideration of all officials, national or local,
with whom they have official intercourse in the State which receives them.
The Government of each of the High Contracting Parties shall furnish
free of charge the necessary exequatur of such consular officers of the other
as present a regular commission signed by the chief executive of the appoint-
ing state and under its great seal ; and it shall issue to a subordinate or substi-
tute consular officer duly appointed by an accepted superior consular officer
with the approbation of his Government, or by any other competent officer
of that Government, such documents as according to the laws of the respective
countries shall be requisite for the exercise by the appointee of the consular
function. On the exhibition of an exequatur, or other document issued in lieu
thereof to such subordinate, such consular officer shall be permitted to enter
upon his duties and to enjoy the rights, privileges and immunities granted by
this Treaty.
Article XVI
Consular officers, nationals of the state by which they are appointed, shall
be exempt from arrest except when charged with the commission of offenses
locally designated as crimes other than misdemeanors and subjecting the
individual guilty thereof to punishment. Such officers shall be exempt from
military billetings, and from service of any military or naval, administrative
or police character whatsoever.
In criminal cases the attendance at court by a consular officer as a witness
may be demanded by the prosecution or defence. The demand shall be made
with all possible regard for the consular dignity and the duties of the office;
and there shall be compliance on the part of the consular officer.
Consular officers shall be subject to the jurisdiction of the courts in the
State which receives them in civil cases, subject to the proviso, however, that
when the officer is a national of the state which appoints him and is engaged
in no private occupation for gain, his testimony in cases to which he is not a
party shall be taken orally or in writing at his residence or office and with due
regard for his convenience. The officer should, however, voluntarily give his
testimony at court whenever it is possible to do so without serious interference
with his official duties.
Article XVII
Each of the High Contracting Parties agrees to permit the entry free of all
duty of all furniture, equipment and supplies intended for official use in the
consular offices of the other, and to extend to such consular officers of the
other and their families and suites as are its nationals, the privilege of entry
free of duty of their baggage and all other property intended for their personal
use, accompanying the officer to his post; provided, nevertheless, that no
article, the importation of which is prohibited by the law of either of the High
Contracting Parties, may be brought into its territories. Personal property
COMMERCE AND CONSULAR RIGHTS— JUNE 15, 1931 247
imported by consular officers, their families or suites during the incumbency
of the officers shall be accorded the customs privileges and exemptions
accorded to consular officers of the most favored nation.
It is understood, however, that the privileges of this Article shall not be
extended to consular officers who are engaged in any private occupation for
gain in the countries to which they are accredited, save with respect to
governmental supplies.
Article XVIII
Consular officers, including employees in a consulate, nationals of the State
by which they are appointed other than those engaged in private occupations
for gain within the State where they exercise their functions, shall be exempt
from all taxes, National, State, Provincial and Municipal, levied upon their
persons or upon their property, except taxes levied on account of the possession
or ownership of immovable property situated in, or income derived from
property of any kind situated or belonging within, the territories of the State
within which they exercise their functions. All consular officers and employees,
nationals of the State appointing them, shall be exempt from the payment of
taxes on the salary, fees or wages received by them in compensation for their
consular services.
The Government of each High Contracting Party shall have the right to
acquire and own land and buildings required for diplomatic or consular
premises in the territory of the other High Contracting Party and also to
erect buildings in such territory for the purposes stated subject to local building
regulations.
Lands and buildings situated in the territories of either High Contracting
Party, of which the other High Contracting Party is the legal or equitable
owner and which are used exclusively for governmental purposes by that
owner, shall be exempt from taxation of every kind, National, State, Provin-
cial and Municipal, other than assessments levied for services or local public
improvements by which the premises are benefited.
Article XIX
Consular officers may place over the outer door of their respective offices
the coat of arms of their State with an appropriate inscription designating the
official office, and they may place the coat of arms of their State on automo-
biles employed by them in the exercise of their consular functions. Such offi-
cers may also hoist the flag of their country on their offices including those
situated in the capitals of the two countries. They may likewise hoist such
flag over any boat or vessel employed in the exercise of the consular function.
The quarters where consular business is conducted and the archives of the
consulates shall at all times be inviolable, and under no pretext shall any
authorities of any character within the country make any examination or
seizure of papers or other property deposited with the archives. When con-
sular officers are engaged in business within the territory of the State where
308 582 (73 — 18
248 POLAND
they are exercising their duties, the files and documents of the consulate shall
be kept in a place entirely separate from the one where private or business
papers are kept. Consular offices shall not be used as places of asylum. No
consular officers shall be required to produce official archives in court or
testify as to their contents.
Upon the death, incapacity, or absence of a consular officer, having no
subordinate consular officer at his post, secretaries or chancellors, whose offi-
cial character may have previously been made known to the Government
of the State where the consular function was exercised, may temporarily
exercise the consular function of the deceased or incapacitated or absent con-
sular officer; and while so acting shall enjoy all the rights, prerogatives and
immunities granted to the incumbent.
Article XX
Consular officers, nationals of the State by which they are appointed, may
within their respective consular districts, address the authorities, National,
State, Provincial or Municipal, for the purpose of protecting their country-
men in the enjoyment of their rights accruing by treaty or otherwise. Com-
plaint may be made for the infraction of those rights. Failure upon the
part of the proper authorities to grant redress or to accord protection may
justify interposition through the diplomatic channel, and in the absence of a
diplomatic representative, a consul general or the consular officer stationed
at the capital may apply directly to the government of the country.
Article XXI
Consular officers, in pursuance of the laws of their own country may (a)
take, at any appropriate place within their respective districts, the depositions
of any occupants of vessels of their own country, or of any national of, or of
any person having permanent residence within the territories of, their own
country; (b) draw up, attest, certify and authenticate unilateral acts, transla-
tions, deeds, and testamentary dispositions of their countrymen, and also
contracts to which a countryman is a party; (c) authenticate signatures ; (d)
draw up, attest, certify and authenticate written instruments of any kind
purporting to express or embody the conveyance or encumbrance of property
of any kind within the territory of the State by which such officers are ap-
pointed, and unilateral acts, deeds, testamentary dispositions and contracts
relating to property situated, or business to be transacted, within the terri-
tories of the State by which they are appointed.
Instruments and documents thus executed and copies and translations
thereof, when duly authenticated by the consular officer, under his official
seal, shall be received as evidence in the territories of the Contracting Parties
as original documents or authenticated copies, as the case may be, and shall
have the same force and effect as if drawn by and executed before a notary
or other public officer duly authorized in the country by which the consular
COMMERCE AND CONSULAR RIGHTS— JUNE 15, 1931 249
officer was appointed ; provided, always, that such documents shall have been
drawn and executed in conformity to the laws and regulations of the country
where they are designed to take effect.
A consular officer of either High Contracting Party shall within his district
have the right to act personally or by delegate in all matters concerning
claims of non-support of non-resident minor children against a father resi-
dent in the district of the consul's residence and a national of the country
represented by the consul, without other authorization, providing that such
procedure is not in conflict with local laws.
Article XXII
In case of the death of a national of either High Contracting Party in the
territory of the other without having in the locality of his decease any known
heirs or testamentary executors by him appointed, the competent local author-
ities shall at once inform the nearest consular officer of the State of which
the deceased was a national of the fact of the death, in order that necessary
information may be forwarded to the parties interested.
In case of the death of a national of either of the High Contracting Parties
without will or testament, in the territory of the other High Contracting
Party, the consular officer of the State of which the deceased was a national
and within whose district the deceased made his home at the time of death,
shall, so far as the laws of the country permit and pending the appointment
of an administrator and until letters of administration have been granted,
be deemed qualified to take charge of the property left by the decedent for
the preservation and protection of the same. Such consular officer shall have
the right to be appointed as administrator within the discretion of a tribunal
or other agency controlling the administration of estates provided the laws of
the place where the estate is administered so permit.
In case of the death of a national of either of the High Contracting Parties
without will or testament and without any known heirs resident in the coun-
try of his decease, the consular officer of the country of which the deceased
was a national shall be appointed administrator of the estate of the deceased,
provided the regulations of his own Government permit such appointment
and provided such appointment is not in conflict with local law and the
tribunal having jurisdiction has no special reasons for appointing someone
else.
Whenever a consular officer accepts the office of administrator of the
estate of a deceased countryman, he subjects himself as such to the jurisdic-
tion of the tribunal or other agency making the appointment for all necessary
purposes to the same extent as a national of the country where he was
appointed.
Article XXIII
A consular officer of either High Contracting Party may, if this is not
contrary to the local law, appear personally or by delegate on behalf of non-
250 POLAND
resident beneficiaries, nationals of the country represented by him before the
proper authorities administering workmen's compensation laws and other
like statutes, with the same effect as if he held the power of attorney of such
beneficiaries to represent them unless such beneficiaries have themselves
appeared either in person or by duly authorized representative.
Written notice of the death of their countrymen entitled to benefit by
such laws should, whenever practicable, be given by the authorities adminis-
tering the law to the appropriate consular officer of the country of which the
deceased was a national.
A consular officer of either High Contracting Party may on behalf of his
non-resident countrymen collect and receipt for their distributive shares de-
rived from estates in process of probate or accruing under the provisions of
so-called workmen's compensation laws or other like statutes provided he
remits any funds so received through the appropriate agencies of his Gov-
ernment to the proper distributees.
Article XXIV
A consular officer of either High Contracting Party shall, within his dis-
trict, have the right to appear personally or by delegate in all matters con-
cerning the administration and distribution of the estate of a deceased person
under the jurisdiction of the local authorities for all such heirs or legatees in
said estate, either minors or adults, as may be non-residents and nationals of
the country represented by the said consular officer with the same effect as
if he held their power of attorney to represent them unless such heirs or
legatees themselves have appeared either in person or by duly authorized
representative.
Article XXV
A consular officer shall have exclusive jurisdiction over controversies aris-
ing out of the internal order of private vessels of his country, and shall alone
exercise jurisdiction in cases, wherever arising, between officers and crews,
pertaining to the enforcement of discipline on board, provided the vessel and
the persons charged with wrongdoing shall have entered a port within his
consular district. Such an officer shall also have jurisdiction over issues con-
cerning the adjustment of wages and the execution of contracts relating
thereto provided the local laws so permit.
When an act committed on board of a private vessel under the flag of the
State by which the consular officer has been appointed and within the ter-
ritorial waters of the State to which he has been appointed constitutes a crime
according to the laws of that State, subjecting the person guilty thereof to
punishment as a criminal, the consular officer shall not exercise jurisdiction
except in so far as he is permitted to do so by the local law.
A consular officer may freely invoke the assistance of the local police au-
thorities in any matter pertaining to the maintenance of internal order on
COMMERCE AND CONSULAR RIGHTS— JUNE 15, 1931 251
board of a vessel under the flag of his country within the territorial waters
of the State to which he is appointed, and upon such a request the requisite
assistance shall be given.
A consular officer may appear with the officers and crews of vessels under
the flag of his country before the judicial authorities of the State to which
he is appointed to render assistance as an interpreter or agent.
Article XXVI
A consular officer of either High Contracting Party shall have the right
to inspect within the ports of the other High Contracting Party within his
consular district, the private vessels of any flag destined or about to clear for.
ports of the country appointing him in order to observe the sanitary condi-
tions and measures taken on board such vessels, and to be enabled thereby to
execute intelligently bills of health and other documents required by the laws
of his country, and to inform his Government concerning the extent to which
its sanitary regulations have been observed at ports of departure by vessels
destined to its ports, with a view to facilitating entry of such vessels therein.
Article XXVII
All proceedings relative to the salvage of vessels of either High Contract-
ing Party wrecked upon the coasts of the other shall be directed by the consu-
lar officer of the country to which the vessel belongs and within whose dis-
trict the wreck may have occurred. Pending the arrival of such officer, who
shall be immediately informed of the occurrence, the local authorities shall
take all necessary measures for the protection of persons and the preserva-
tion of wrecked property. The local authorities shall not otherwise inter-
fere than for the maintenance of order, the protection of the interests of the
salvors, if these do not belong to the crews that have been wrecked, and to
carry into effect the arrangements made for the entry and exportation of
the merchandise saved. It is understood that such merchandise is not to be
subjected to any custom house charges, unless it be intended for consump-
tion in the country where the wreck may have taken place.
The intervention of the local authorities in these different cases shall oc-
casion no expense of any kind, except such as may be caused by the opera-
tions of salvage and the preservation of the goods saved, together with such
as would be incurred under similar circumstances by vessels of the nation.
Article XXVIII
Subject to any limitation or exception hereinabove set forth, or hereafter
to be agreed upon, the territories of the High Contracting Parties to which
the provisions of this Treaty extend shall be understood to comprise all areas
of land, water, and air over which the Parties respectively claim and exer-
cise dominion as sovereign thereof, except the Panama Canal Zone.
252 POLAND
Article XXIX
The Polish Government which is entrusted with the conduct of the foreign
affairs of the Free City of Danzig under Article 104 of the Treaty of Ver-
sailles * and Articles 2 and 6 of the Treaty signed in Paris on November 9,
1 920, between Poland and the Free City of Danzig, reserves hereby the right
to declare that the Free City of Danzig is a Contracting Party to this Treaty
and that it assumes the obligations and acquires the rights laid down therein.5
This reservation does not relate to those stipulations of the Treaty which
the Republic of Poland has accepted with regard to the Free City in accord-
ance with the Treaty rights conferred on Poland.
Article XXX
The present Treaty shall be ratified and the ratifications thereof shall be
exchanged at Warsaw. The Treaty shall take effect in all its provisions thirty
days from the date of the exchange of ratifications and shall remain in full
force for the term of one year thereafter.
If within six months before the expiration of the aforesaid period of one
year neither High Contracting Party notifies to the other an intention of
modifying by change or omission, any of the provisions of any of the Articles
in this treaty or of terminating it upon the expiration of the aforesaid period,
the Treaty shall remain in full force and effect after the aforesaid period and
until six months from such a time as either of the High Contracting Parties
shall have notified to the other an intention of modifying or terminating the
Treaty.
In witness whereof the respective Plenipotentiaries have signed this Treaty
and have affixed their seals thereto.
Done in duplicate, each in the English and Polish languages, both authen-
tic, at Washington, this fifteenth day of June, one thousand nine hundred
and thirty-one.
Henry L. Stimson [seal]
Tytus Filipowicz [seal]
Exchange of Notes
The Secretary of State to the Polish Ambassador
Department of State
Washington, June 15, 1931
Excellency :
I have the honor to communicate to Your Excellency my understanding
of the agreement reached regarding the requirements for furnishing proof
* Ante, vol. 2, p. 100.
8 For a declaration on behalf of the Free City of Danzig by which Danzig became a con-
tracting party, see exchange of notes of Mar. 9, 1934 (TS 865), post, p. 263.
COMMERCE AND CONSULAR RIGHTS— JUNE 15, 1931 253
of the origin of imported merchandise entitled to the benefits of the treaty
of friendship, commerce and consular rights signed this day on behalf
of the United States of America and Poland.
In the event that proof of the origin of imported goods is required by
either Party pursuant to the provisions of the tenth paragraph of Article
VI of the treaty, it is agreed that
( 1 ) A declaration by the shipper in the country of origin legalized by
a consular representative of the country of final destination resident in the
country of origin shall be accepted as satisfactory proof of the origin of
the goods. As far as certificates of origin for importation into Polish customs
territory are concerned, the above-mentioned shipper's declaration before
legalization by a consular representative of Poland, has to be certified by
a competent Chamber of Commerce or similar organization, subject to
the exceptions provided for in subparagraph (a) of paragraph (3) hereof.
(2) For indirect shipments an acceptable alternative to the certificate
of origin obtained in the country of origin as provided in paragraph ( 1 )
shall be proof of origin obtainable in the intermediate country from which
the goods are last shipped to the country of final destination. Such proof
shall consist of a declaration by the consignor of the goods in the interme-
diate country before a consular officer of the country of origin resident
in the intermediate country, certified by the latter and approved by a
consular representative of the country of final destination resident in the
intermediate country, it being understood that the consular representatives
of the country of origin shall not certify the shipper's declaration for this
purpose unless they are satisfied upon examination of documentary or other
evidence that the statements made therein are true.
(3) The attached form of certificate of origin for use in connection
with direct shipments from the United States to Poland and the attached
form for use in connection with indirect shipments from the United States
to Poland through an intermediate country or countries, respectively, con-
form to the provisions above set forth, it being understood and agreed,
however, that
(a) If the circumstances of any particular case render it impracticable
for the shipper of the goods to obtain certification on a certificate of origin
by a Chamber of Commerce or similar organization, the certificate of
origin may be submitted for authentication directly to a Polish consular
officer, and the fact that certification by a Chamber of Commerce or similar
organization has not been obtained shall not be considered by such consular
officer as of itself sufficient ground for refusing to authenticate the document.
(b) If at the time the certificate of origin is made out circumstances
render it difficult or inconvenient for shippers to specify on such certificate
the name of the vessel on which the goods are to be shipped, the necessities
254 POLAND
and convenience of shippers shall be taken into account either by waiving
this requirement or by making such other provision as the circumstances
of the case require.
(c) In exceptional cases in which doubt exists regarding the exact
proportion of the value of any given article represented by the costs of the
labor and raw material of the United States, or in which such proportion
is less than fifty per centum, but the article, in view of the nature and extent
of the processes to which it has been subjected, is distinctly an American
product, no certification regarding such proportion on a certificate of origin
shall be required.
Any article in which the raw material or the labor of the United States
represents less than fifty per centum of the total value shall, nevertheless,
be deemed to be a product of the United States if a like article from any
third country representing less than fifty per centum in value the labor
and raw material of such third country is deemed to be a product of that
country.
(4) In the event that modification of the requirements outlined in the
preceding paragraphs is at any time considered desirable from the viewpoint
of either Party, it is agreed that its proposals to this end shall be given
sympathetic consideration by the other Party.
I shall be glad to have your confirmation of the accord thus reached.
Accept, Excellency, the renewed assurances of my highest consideration.
Henry L. Stimson
Annexes :
Form of certificate of origin for use in
connection with direct shipments;
Form of certificate of origin for use in
connection with indirect shipments.
His Excellency
Mr. Tytus Filipowicz
Ambassador of Poland
[ENCLOSURE 1]
No.
No. of the institution executing
the certificate of origin.
CERTIFICATE OF ORIGIN
I, (member or manager of the firm or corporation)
(name of individual and title)
exporter of the merchandise described below, do solemnly and truly declare that the said
{is the growth of
has been finished in [ the United States of America, and that not less
has been manufactured in
COMMERCE AND CONSULAR RIGHTS— JUNE 15, 1931 255
than 50 per cent of the total value of the goods represents the cost of labor and raw mate-
rial in the United States, and that the said merchandise is correctly described as follows:
Port of shipment
On steamship
(name of steamship)
Name of shipper
(indicate whether merchant or manufacturer)
Address of shipper
Consignee in Poland
(indicate whether merchant or manufacturer)
Address of consignee in Poland
Dated
Marks and Numbers
No. of Packages or
rases
Description of the
Commodities
Weight
Gross Net
Value
Subscribed and sworn to before me this
19
Signature of Exporter
day of
Notary Public
CERTIFICATION BY CHAMBER OF COMMERCE
19
a recognized chamber of commerce has examined the manufacturers invoice of shippers
affidavit concerning the origin of the merchandise, and according to the best of its
knowledge and belief, finds the products named originated in the United States of America.
(Signature and seal of the Institution
executing the Certificate of Origin)
(Certification of competent Polish Consular Officer)
[ENCLOSURE 2]
Place and date
CERTIFICATE OF ORIGIN
I
We (consignor of the goods)
(name of individual or of the firm)
exporter (s) of the merchandise described below, do solemnly and truly declare that the said
{is the growth of
has been finished in \ the United States of America, and that not less
has been manufactured in J
than 50 per cent of the total value of the goods represents the cost of labor and raw material
in the United States, and that the said merchandise is correctly described as follows :
Marka and numbers
No. of Packages or
cases
Description of com-
modities
Weight
Gross Net
Value
256 POLAND
The above described merchandise is to be shipped per
(indicate whether on steamship (name) or by railway)
from
(place of shipment)
Consignee in the Polish custom territory
Address of consignee in the Polish custom territory.
Signature of consignor.
Certification by the competent consular authority of the U.S.A.
19
(Place and date)
No
(of the consular representative cer-
tifying the certificate of origin)
I do hereby certify, that I have examined the documents concerning the merchandise
described above by the consignor, and according to my best knowledge and belief, I find
the products named originated in the United States of America.
Witness my hand and seal of office the day and year aforesaid.
of the United States of America.
(Certification by the competent Polish consular representative) .
The Polish Ambassador to the Secretary of State
no. 2241/31 June 15, 1931
Sir:
I have the honor to acknowledge the receipt of your note of this date
concerning your understanding of the agreement reached regarding the
requirements for furnishing proof of the origin of imported merchandise
entitled to the benefits of the treaty of friendship, commerce and consular
rights signed this day on behalf of Poland and the United States of America,
and to confirm that understanding, as follows :
[For text of understanding and forms of certificates, see U.S. note, above.]
Accept, Sir, the renewed assurances of my highest consideration.
Tytus Filipowicz
The Honorable
Henry L. Stimson
Secretary of State
NARCOTIC DRUGS
Exchange of notes at Warsaw August 17 and September 17, 1931
Entered into force September 17, 1931
Department of State files
The American Ambassador to the Minister of Foreign Affairs
Warsaw, Poland
no. 256 August 17, 1931
Excellency:
Pursuant to instructions from the Department of State, I have the honor
to inform Your Excellency that in an endeavor to bring about stricter con-
trol of the illicit traffic in narcotic drugs, the Treasury Department has
requested that an effort be made to establish clear cooperation between the
appropriate administrative officials of the United States and certain foreign
countries, and that I have been directed to endeavor to arrange with Your
Excellency's Government for :
The direct exchange between the Treasury Department and the corres-
ponding office in Poland of information and evidence with reference to
persons engaged in the illicit traffic. This would include such information as
photographs, criminal records, finger prints, Bertillon measurements, descrip-
tion of the methods which the persons in question have been found to use,
the places from which they have operated, and partners they have worked
with, etc.
The immediate direct forwarding of information by letter or cable as to
the suspected movements of narcotic drugs, or of those involved in smuggling
drugs, if such movements might concern the other country. Unless such
information as this reaches its destination directly and speedily it is useless.
Mutual cooperation in detective and investigating work.
The officer of the Treasury Department who would have charge, on behalf
of this Government, of the cooperation in the suppression of the illicit traffic
in narcotics is the Commissioner of Narcotics, whose mail address is Treasury
Department, Washington, D.C., and whose telegraph address is "Narcotics,"
Washington, D.C.
257
258 POLAND
In bringing the foregoing to Your Excellency's attention, I have been
authorized to state that the proposed informal arrangement has already been
accepted by the Governments of twenty countries. As of interest in this con-
nection I enclose one copy of the State Department's Bulletin of Treaty
Information No. 5, July 1929,1 containing the text of the arrangements
entered into between the United States and other Governments, except the
Cuban, Egyptian and Mexican Governments, with whom arrangements were
concluded subsequent to the issue of this Bulletin. It should also be noted that
final details have also been completed in respect of the agreement with
Yugoslavia, the preliminary correspondence concerning which appears in the
Bulletin of Treaty Information.
My Government has directed me, in case the proposed arrangement meets
with the approval of the Polish Government, to report by telegram the name
of the Polish official with whom the Commissioner of Narcotics should
communicate.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest and most distinguished consideration.
John N. Willys
Enclosure:
Bulletin
The Minister of Foreign Affairs to the American Ambassador
REPUBLIC OF POLAND
MINISTRY OF FOREIGN AFFAIRS
no. p.v. 2856/31 Warsaw, September 17, 1931
Mr. Ambassador:
In your note No. 256 of August 17 last, you transmitted a proposal con-
cerning cooperation between United States and Polish authorities for the con-
trol of traffic in narcotic drugs.
Acknowledging receipt of the aforementioned note, I have the honor to
state to Your Excellency that on being informed of the matter, the Ministry of
the Interior expressed its agreement with the proposal made by the Treasury
Department of the United States for the purpose of establishing closer coop-
eration between the Polish and United States authorities for such control.
The Ministry of the Interior, which has instructed its Public Health De-
partment to arrange the matter, requests the Treasury Department of the
United States (Commissioner of Narcotics), through Your Excellency, to be
1 Not printed here.
NARCOTIC DRUGS— AUGUST 17 AND SEPTEMBER 17, 1931 259
good enough to contact the aforementioned Department directly concerning
the measures to be taken.
Accept, Mr. Ambassador, the assurances of my very high consideration.
Augusto Zaleski
His Excellency,
John N. Willys
Ambassador Extraordinary and Plenipotentiary
of the United States,
Warsaw
DEBT FUNDING
Agreement signed at Washington June 10, 1932, modifying agreement
of November 14, 1924
Operative from July 1, 1931
Treasury Department print
Agreement,
Made the 10th day of June, 1932, at the City of Washington, District of Co-
lumbia, between the Government of the Republic of Poland, herein-
after called Poland, party of the first part, and the Government of the
United States of America, hereinafter called the United States, party
of the second part
Whereas, under the terms of the debt funding agreement between Po-
land and the United States, dated November 14, 1924,1 there is payable by
Poland to the United States during the fiscal year beginning July 1, 1931 and
ending June 30, 1932, in respect of the bonded indebtedness of Poland to the
United States, the aggregate amount of $7,486,835, including principal
and interest; and
Whereas, a Joint Resolution of the Congress of the United States, ap-
proved December 23, 193 1,2 authorizes the Secretary of the Treasury, with
the approval of the President, to make on behalf of the United States an
agreement with Poland on the terms hereinafter set forth, to postpone the
payment of the amount payable by Poland to the United States during such
year in respect of its bonded indebtedness to the United States ; and
Whereas, Poland hereby gives assurance to the satisfaction of the Presi-
dent of the United States, of the willingness and readiness of Poland to make
with the Government of each country indebted to Poland in respect of war,
relief, or reparation debts, an agreement in respect of the payment of the
amount or amounts payable to Poland with respect to such debt or debts
during such fiscal year, substantially similar to this Agreement authorized by
the Joint Resolution above mentioned;
1 Ante, p. 195.
2 47 Stat. 3.
260
DEBT FUNDING— JUNE 10, 1932 261
Now, therefore, in consideration of the premises and of the mutual
covenants herein contained, it is agreed as follows :
1. Payment of the amount of $7,486,835, payable by Poland to the
United States during the fiscal year beginning July 1, 1931 and ending
June 30, 1932, in respect of the bonded indebtedness of Poland to the United
States, according to the terms of the agreement of November 14, 1924, above
mentioned, is hereby postponed so that such amount, together with interest
thereon at the rate of 4 per centum per annum from July 1, 1933, shall be
paid by Poland to the United States in ten equal annuities of $912,459.42
each, payable in equal semiannual installments on December 15 and June 15
of each fiscal year beginning with the fiscal year July 1, 1933 and ending
June 30, 1934, and concluding with the fiscal year beginning July 1, 1942
and ending June 30, 1943. The bond numbered 9, dated December 15, 1922,
in the principal amount of $1,100,000 and the bond numbered 2 A, dated
December 15, 1929, in the principal amount of $225,000, both matured
December 15, 1931, delivered by Poland to the United States under the
agreement of November 14, 1924, shall be retained by the United States until
the annuities due under this Agreement shall have been paid.
2. Except so far as otherwise expressly provided in this Agreement, pay-
ments of annuities under this Agreement shall be subject to the same terms
and conditions as payments under the agreement of November 14, 1924,
above mentioned. The proviso in paragraph 2 of such agreement, authorizing
the postponement of payments on account of principal, and the option of
Poland provided for in paragraph 4, to pay in obligations of the United
States, shall not apply to annuities payable under this Agreement.
3. The agreement of November 14, 1924, between Poland and the
United States, above mentioned, shall remain in all respects in full force and
effect except so far as expressly modified by this Agreement.
4. Poland and the United States, each for itself, represents and agrees that
the execution and delivery of this Agreement have in all respects been duly
authorized and that all acts, conditions, and legal formalities which should
have been completed prior to the making of this Agreement have been com-
pleted as required by the laws of Poland and the United States, respectively,
and in conformity therewith.
5. This Agreement shall be executed in two counterparts, each of which
shall have the force and effect of an original.
In witness whereof, Poland has caused this Agreement to be executed
on its behalf by its Ambassador Extraordinary and Plenipotentiary at Wash-
ington, thereunto duly authorized, subject, however, to ratification by Poland,
if necessary, and the United States has likewise caused this Agreement to be
executed on its behalf by the Secretary of the Treasury, with the approval of
262 POLAND
the President, pursuant to a Joint Resolution of Congress, approved Decem-
ber 23, 1931, all on the day and year first above written.
The Republic of Poland
By
Tytus Filipowicz
Ambassador Extraordinary
and Plenipotentiary
The United States of America
By
Arthur A. Ballantine
Acting Secretary of the Treasury
Approved :
Herbert Hoover
President
FRIENDSHIP, COMMERCE, AND CONSULAR
RIGHTS: FREE CITY OF DANZIG
Exchange of notes at Washington March 9, 1934, embodying declara-
tion by which Danzig became a contracting party to treaty of
June 15, 1931
Entered into force March 24, 1934
Obsolete 1
48 Stat. 1680; Treaty Series 865
The Polish Ambassador to the Secretary of State
[TRANSLATION]
Embassy of Poland
Washington, March 9, 1934
Mr. Secretary of State,
Under instructions from my Government, I have the honor to communi-
cate to your Excellency the following :
The Polish Government, which is entrusted with the conduct of the foreign
affairs of the Free City of Danzig under Article 104 of the Treaty of Peace,
signed at Versailles, June 28, 19 19,2 and under Articles 2 and 6 of the Con-
vention between Poland and the Free City of Danzig, signed at Paris, Novem-
ber 9, 1920, declares, on behalf of Danzig and in execution of the provisions
of Article XXIX of the Treaty of Friendship, Commerce and Consular
Rights between Poland and the United States of America, signed at Wash-
ington, June 15, 193 1,3 that the Free City of Danzig shall become a contract-
ing party of the said Treaty from the fifteenth day following the date of the
receipt by the Government of the United States of America of this
notification.
I have the honor to request your Excellency to acknowledge receipt of this
note.
Accept, Mr. Minister, the assurances of my highest consideration.
S. Patek
His Excellency
Mr. Cordell Hull
Secretary of State
1 Sec footnote 1, ante, p. 213.
* Ante, vol. 2, p. 100.
3TS862, ante, p. 237.
263
264 POLAND
The Secretary of State to the Polish Ambassador
Department of State
Washington, March 9, 1934
Excellency:
In compliance with your request, I have the honor on behalf of the Gov-
ernment of the United States of America to acknowledge the receipt of your
note of this date, reading in translation as follows :
[For text of Polish note, see p. 263.]
The Government of the United States is happy to take note of this declara-
tion, and will be pleased to recognize the Free City of Danzig as a contracting
party to the Treaty of Friendship, Commerce and Consular Rights between
the United States and Poland, signed at Washington, June 15, 1931, from
March 24, 1934, the fifteenth day following the date on which the declaration
hereby acknowledged was received by the Government of the United States.
Accept, Excellency, the renewed assurances of my highest consideration.
Cordell Hull
Mr. Stanislaw Patek
Ambassador of Poland
EXTRADITION
Treaty signed at Warsaw April 5, 1935, supplementing treaty of
November 22, 1927
Senate advice and consent to ratification June 5, 1935
Ratified by the President of the United States June 14, 1935
Ratified by Poland March 9, 1936
Ratifications exchanged at Washington May 6, 1936
Proclaimed by the President of the United States May 9, 1936
Entered into force June 5, 1936
49 Stat. 3394; Treaty Series 908
Supplementary Extradition Treaty
The United States of America and the Republic of Poland being desirous
of enlarging the list of crimes on account of which extradition may be granted
under the treaty signed between the United States of America and the Re-
public of Poland on November 22, 1927,1 with a view to the better admin-
istration of justice and the prevention of crime within their respective
territories and jurisdictions, have resolved to conclude a supplementary treaty
for this purpose and have appointed as their Plenipotentiaries:
The President of the United States of America:
Mr. John Cudahy, Ambassador Extraordinary and Plenipotentiary of the
United States of America to the Republic of Poland,
The President of the Republic of Poland:
Mr. Jozef Beck, Minister of Foreign Affairs,
Who, after having communicated to each other their respective full powers,
which were found to be in due and proper form, have agreed to and con-
cluded the following articles :
Article I
The following crimes are added to the list of crimes numbered 1 to 18 in
Article II of the said treaty of November 22, 1927, on account of which
extradition may be granted, that is to say:
19. Offenses to the detriment of creditors in connection with a state of
insolvency.
1 TS 789, ante, p. 206.
265
266 POLAND
Article II
The present treaty shall be considered as an integral part of the said
Extradition Treaty of November 22, 1927, and Article II of the last men-
tioned treaty shall be read as if the list of crimes therein contained had
originally comprised the additional crimes specified and numbered 19 in the
first article of the present treaty.
The present treaty shall be ratified by the High Contracting Parties in
accordance with their respective constitutional methods, and shall take effect
on the 30th day after the date of the exchange of ratifications, which shall
take place at Washington as soon as possible.
In witness whereof the above named Plenipotentiaries have signed the
present treaty in the English and Polish languages, both authentic, and have
hereunto affixed their seals.
Done, in duplicate, at Warsaw, this fifth day of April nineteen hundred
and thirty-five.
John Cudahy [seal]
J. Beck [seal]
EXTRADITION: FREE CITY OF DANZIG
Exchange of notes at Washington August 22, 1935, embodying declara-
tion by which Danzig became a contracting party to treaty of
November 22, 1927
Entered into force September 6, 1935
Obsolete l
49 Stat. 3256; Treaty Series 896
The Polish Charge d' Affaires ad interim to the Secretary of State
[translation]
Embassy of Poland
Washington, August 22, 1935
Mr. Secretary of State:
Under instructions from my Government, I have the honor to communicate
to your Excellency the following:
The Polish Government, which is entrusted with the conduct of the foreign
affairs of the Free City of Danzig under Article 1 04 of the Treaty of Peace,
signed at Versailles, June 28, 191 9, 2 and Articles 2 and 6 of the Convention
between Poland and the Free City of Danzig, signed at Paris, November 9,
1920, declares, on behalf of the Free City of Danzig and in execution of
Article 2 of the Protocol accompanying the Treaty of Extradition between
Poland and the United States of America, signed at Warsaw, November 22,
1927,3 that the Free City of Danzig shall become a contracting party of the
said Treaty of Extradition from the fifteenth day following the date of the
receipt of this notification by the Government of the United States of America.
I have the honor to request your Excellency to acknowledge receipt of
this note.
Accept, Mr. Secretary of State, the assurances of my highest consideration.
W. Sokolowski
His Excellency
Mr. Cordell Hull
Secretary of State
No. 78-C/SZ-6
1 See footnote 1, ante, p. 213.
a Ante, vol. 2, p. 100.
3TS 789, ante, p. 206.
267
268 POLAND
The Secretary of State to the Polish Charge d' Affaires ad interim
Department of State
Washington, August 22, 1935
Sir:
The receipt is acknowledged, on behalf of the Government of the United
States of America of your note of August 22, 1935, reading in translation as
follows :
[For text of Polish note, see p. 267.]
The Government of the United States of America takes note of this declara-
tion and will recognize the Free City of Danzig as a contracting party to the
treaty of extradition between the United States of America and Poland signed
at Warsaw, November 22, 1927, on and from September 6, 1935, the fifteenth
day following the date on which the declaration hereby acknowledged was
received by the Government of the United States of America.
Accept, Sir, the renewed assurances of my high consideration.
Cordell Hull
Mr. Wladyslaw Sokolowski
Charge d' Affaires ad interim of Poland
RECOGNITION OF SHIP MEASUREMENT
CERTIFICATES: FREE CITY OF DANZIG
Exchange of notes at Washington December 4, 1937
Entered into force December 19, 1937
Obsolete 1
51 Stat. 329 ; Executive Agreement Series 111
The Polish Ambassador to the Secretary of State
[translation]
Embassy of Poland
99/SZ-4 December 4, 1937
Mr. Secretary of State:
Under instructions from my Government, I have the honor to communicate
to Your Excellency the following proposal :
The Polish Government which is entrusted with the conduct of the foreign
affairs of the Free City of Danzig by virtue of Article 104 of the Treaty of
Peace, signed at Versailles, June 28, 1919,2 and of Articles 2 and 6 of the
Convention between Poland and the Free City of Danzig, signed at Paris,
November 9, 1920, acting for the Free City of Danzig, proposes to the Gov-
ernment of the United States of America, the adherence of the Free City
of Danzig to the agreement between Poland and the United States of America
for the mutual recognition of ship measurement certificates, effected by ex-
change of notes signed January 17, March 14, and April 22, 1930, and
October 5, 1934,3 this adherence to become effective from the fifteenth day
following the date of the notification whereby the Government of the United
States shall have declared its acceptance of the aforementioned proposal.
1 See footnote 1, ante, p. 213.
- Ante, vol. 2, p. 100.
8EAS 71, ante, p. 229.
269
270 POLAND
I should be appreciative if Your Excellency would be good enough to
inform me whether the Government of the United States accepts this
proposal.
Accept, Mr. Secretary of State, the assurances of my highest consideration.
Jerzy Potocki
His Excellency
Mr. Cordell Hull
Secretary of State
The Secretary of State to the Polish Ambassador
Department of State
Washington, December 4, 1937
Excellency:
I have the honor to acknowledge the receipt of your note of today's date,
a translation of which reads as follows :
[For text of Polish note, see p. 269.]
In view of the following ( 1 ) that the tonnage measurement regulations
adopted by Danzig have been found by the competent American authority
to be substantially the same as those of the United States, ( 2 ) that reciprocity
now exists between the United States and the Free City of Danzig in the
recognition of the tonnage noted in the certificates of registry or other na-
tional papers of the vessels of each, and (3) that the present regulations in
force in Danzig are not substantially different from those which formed the
basis of the present informal arrangement I have the honor on behalf of the
Government of the United States to accept the proposal contained in your
note of this date. Accordingly, the adherence of the Free City of Danzig
to the agreement between the United States of America and Poland for the
mutual recognition of ship measurement certificates is recognized as becom-
ing effective from December 19, 1937, the fifteenth day following the date
of this note.
Accept, Excellency, the renewed assurances of my highest consideration.
Cordell Hull
His Excellency
Count Jerzy Potocki
Ambassador of Poland
VISA FEES FOR NONIMMIGRANTS
Exchanges of notes at Warsaw July 27 and August 5, 1938
Entered into force August 5, 1938; operative September 1, 1938
Suspended in 1939
Department of State files
The Minister of Foreign Affairs to the American Ambassador
[translation]
MINISTRY OF FOREIGN AFFAIRS
E.III.686/SZ/27
Mr. Ambassador:
With reference to the Note Verbale from the Ministry of Foreign Affairs,
dated October 18, 1937, No. E. III.686/SZ/27, and the note from the
United States Embassy dated October 27, No. 83, regarding visa fees, I have
the honor to propose to Your Excellency the following :
1. The fee for a visa entitling American nationals to any number of
entries into Poland during a period of twelve months from the date of issuance
of the visa, provided that the passport remains valid for that period, shall be
zlotys 25, or the approximate equivalent thereof in the currency of the country
in which the Consulate of the Republic of Poland issuing the visa is located.
2. The fee for a transit visa entitling American nationals to one transit
through Polish territory will be zlotys 2.50 or the approximate equivalent
thereof in the currency of the country in which the Consulate of the Republic
of Poland issuing the visa is located.
II
3. The fee for a non-immigrant visa entitling Polish citizens to any num-
ber of entries into United States territory during a period of twelve months
from the date of the issuance of the visa, provided the passport remains
valid for that period, shall be $4.75 or the approximate equivalent thereof
in the currency of the country in which the United States Consulate issuing
the visa is located.
4. Transit certificates entitling Polish citizens to one transit through
United States territory shall continue to be issued gratis by United States
Consulates.
271
308-582—73 19
272 POLAND
It is understood that the possession of a visa will not affect the bearer's
complying with the entry regulations and the requirement that he shall
possess a passport valid for at least two months from the time of the desired
entry. It is also understood that a single fee will be charged for visaing
family passports including the bearer's wife and minor children.1
It is to be understood that the above regulations will be applicable to citi-
zens of the Philippine Islands proceeding to Poland, and to Polish citizens
proceeding to the Philippine Islands.
In the event that Your Excellency approves the above proposals, this
note and the note of Your Excellency confirming your approval will con-
stitute an arrangement which will become effective as of September 1, 1938.
Accept, Mr. Ambassador, the expression of my deep consideration.
J. Beck
Warsaw, July 27, 1938
His Excellency
Mr. Anthony J. Drexel Biddle
Ambassador Extraordinary and Plenipotentiary of the
United States of America
at Warsaw
The American Ambassador to the Minister of Foreign Affairs
no. 254 Warsaw, July 27, 1938
Excellency:
I have the honor to acknowledge the receipt of Your Excellency's note
of July 27, No. E.III.686/SZ/27, reading as follows:
[For text of Polish note, see above.]
Permit me to inform Your Excellency that the terms of the above arrange-
ment are acceptable and to confirm Your Excellency's statement to the
effect that the present note and Your Excellency's note of July 27, 1938,
previously referred to, will constitute an arrangement which will enter
into force on September 1, 1938.
Please accept, Excellency, the assurances of my highest consideration.
A. J. Drexel Biddle, Jr.
His Excellency
Colonel Jozef Beck
Minister of Foreign Affairs
Warsaw
1 For interpretation of this paragraph, see exchange of notes verbales, post, p. 273.
VISA FEES— JULY 27 AND AUGUST 5, 1938 273
The American Embassy to the Ministry for Foreign Affairs
No. 2;h>
NOTE VERBALE
The Embassy of the United States of America presents its compliments
to the Ministry of Foreign Affairs and, with reference to the Ministry's
note No. E.III.686/SZ/27, of July 27, and the Embassy's identic note
of even date by which a visa fee agreement has been concluded between
Poland and the United States to become effective on September 1, 1938,
has the honor to inform the Ministry, for purposes of clarification, that
the meaning of the first sentence of the fifth paragraph of the Ministry's
note is interpreted by the United Stated Government as follows:
"It is understood that the agreement will not affect the necessity of com-
plying with the regulations governing the entry of aliens and the require-
ment that they shall possess travel documents valid for sixty days beyond
the termination of the period of the desired entry."
An early confirmation of the above interpretation of the sentence in
question by a similar note verbale will be greatly appreciated.
Warsaw, July 27, 1938
Ministry of Foreign Affairs
Warsaw
The Ministry for Foreign Affairs to the American Embassy
[translation]
MINISTRY OF FOREIGN AFFAIRS
E.IH.CS6/39/2
NOTE VERBALE
The Ministry of Foreign Affairs has the honor to acknowledge to the
Embassy of the United States the receipt of its Note Verbale No. 256 of
July 27, 1938, and to advise it that it has taken note of the Embassy's inter-
pretation of point 4 paragraph 2 of the arrangement it being understood
from this text, insofar as it concerns the entry of Polish nationals into
the territory of the United States of America, that the arrangement does not
affect the necessity of complying with regulations governing the entry of
aliens and of being in possession of documents valid for sixty days from
the date of termination of the desired entry.
Warsaw, August 5, 1938
Embassy of the United States of America
Warsaw
LEND-LEASE x
Agreement signed at Washington July 1 , 1942
Entered into force July 1, 1942
56 Stat. 1542 ; Executive Agreement Series 257
Whereas the Governments of the United States of America and Poland
declare that they are engaged in a cooperative undertaking, together with
every other nation or people of like mind, to the end of laying the bases of a
just and enduring world peace securing order under law to themselves and
all nations ;
And whereas the Governments of the United States of America and Po-
land, as signatories of the Declaration by United Nations of January 1,
1942,2 have subscribed to a common program of purposes and principles
embodied in the Joint Declaration made on August 14, 1941 by the President
of the United States of America and the Prime Minister of the United King-
dom of Great Britain and Northern Ireland, known as the Atlantic Charter; 3
And whereas the President of the United States of America has determined,
pursuant to the Act of Congress of March 11, 1941,4 that the defense of
Poland against aggression is vital to the defense of the United States of
America;
And whereas the United States of America has extended and is continuing
to extend to Poland aid in resisting aggression ;
And whereas it is expedient that the final determination of the terms and
conditions upon which the Government of Poland receives such aid and of
the benefits to be received by the United States of America in return therefor
should be deferred until the extent of the defense aid is known and until the
progress of events makes clearer the final terms and conditions and benefits
which will be in the mutual interests of the United States of America and
Poland and will promote the establishment and maintenance of world peace ;
And whereas the Governments of the United States of America and Poland
are mutually desirous of concluding now a preliminary agreement in regard
to the provision of defense aid and in regard to certain considerations which
shall be taken into account in determining such terms and conditions and the
1 See also lend-lease settlement agreement of June 28, 1956 (7 UST 1930; TIAS 3594).
2 EAS 236, ante, vol. 3, p. 697.
3 EAS 236, ante, vol. 3, p. 686.
«55 Stat. 31.
274
LEND-LEASE— JULY 1, 1942 275
making of such an agreement has been in all respects duly authorized, and all
acts, conditions and formalities which it may have been necessary to perform,
fulfill or execute prior to the making of such an agreement in conformity with
the laws either of the United States of America or of Poland have been per-
formed, fulfilled or executed as required;
The undersigned, being duly authorized by their respective Governments
for that purpose, have agreed as follows :
Article I
The Government of the United States of America will continue to supply
the Government of Poland with such defense articles, defense services, and
defense information as the President of the United States of America shall
authorize to be transferred or provided.
Article II
The Government of Poland will continue to contribute to the defense
of the United States of America and the strengthening thereof and will pro-
vide such articles, services, facilities or information as it may be in a position
to supply.
Article III
The Government of Poland will not without the consent of the President
of the United States of America transfer title to, or possession of, any defense
article or defense information transferred to it under the Act of March 11,
1941 of the Congress of the United States of America or permit the use
thereof by anyone not an officer, employee, or agent of the Government of
Poland.
Article IV
If, as a result of the transfer to the Government of Poland of any defense
article or defense information, it becomes necessary for that Government to
take any action or make any payment in order fully to protect any of the
rights of a citizen of the United States of America who has patent rights in
and to any such defense article or information, the Government of Poland
will take such action or make such payment when requested to do so by the
President of the United States of America.
Article V
The Government of Poland will return to the United States of America
at the end of the present emergency, as determined by the President of the
United States of America, such defense articles transferred under this Agree-
ment as shall not have been destroyed, lost or consumed and as shall be de-
termined by the President to be useful in the defense of the United States of
.America or of the Western Hemisphere or to be otherwise of use to the United
States of America.
276 POLAND
Article VI
In the final determination of the benefits to be provided to the United
States of America by the Government of Poland full cognizance shall be
taken of all property, services, information, facilities, or other benefits or
considerations provided by the Government of Poland subsequent to
March 11, 1941, and accepted or acknowledged by the President on behalf
of the United States of America.
Article VII
In the final determination of the benefits to be provided to the United
States of America by the Government of Poland in return for aid furnished
under the Act of Congress of March 11, 1941, the terms and conditions
thereof shall be such as not to burden commerce between the two countries,
but to promote mutually advantageous economic relations between them and
the betterment of world-wide economic relations. To that end, they shall in-
clude provision for agreed action by the United States of America and Po-
land, open to participation by all other countries of like mind, directed to the
expansion, by appropriate international and domestic measures, of produc-
tion, employment, and the exchange and consumption of goods, which are
the material foundations of the liberty and welfare of all peoples ; to the elimi-
nation of all forms of discriminatory treatment in international commerce,
and to the reduction of tariffs and other trade barriers; and, in general, to
the attainment of all the economic objectives set forth in the Joint Declara-
tion made on August 14, 1941, by the President of the United States of
America and the Prime Minister of the United Kingdom.
At an early convenient date, conversations shall be begun between the two
Governments with a view to determining, in the light of governing economic
conditions, the best means of attaining the above-stated objectives by their own
agreed action and of seeking the agreed action of other like-minded
Governments.
Article VIII
This Agreement shall take effect as from this day's date. It shall continue
in force until a date to be agreed upon by the two Governments.
Signed and sealed at Washington in duplicate this first day of July, 1942.
For the Government of the United States of America:
Cordell Hull [seal]
Secretary of State
of the United States of America
For the Government of Poland :
Jan Ciechanowski [seal]
Ambassador of Poland at Washington
MILITARY SERVICE
Exchange of Notes at Washington March 30 and December 14, 1942,
and January 26 and February 25, 1943
Entered into force January 27, 1943
Terminated March 31, 1947 1
57 Stat. 954; Executive Agreement Series 320
The Acting Secretary of State to the Polish Ambassador
Department of State
Washington
March 30, 1942
Excellency:
With reference to Your Excellency's note of March 17, 1942, and to pre-
vious correspondence with respect to the enlistment of residents of the United
States in the armed forces of Poland, I have the honor to inform you that
special consideration has been given to the views of your government in the
discussions which have taken place between officers of this Department, the
War and Navy Departments, and the Selective Service System on the general
problem of the application of the United States Selective Training and Service
Act of 1 940, as amended,2 to nationals of co-belligerent countries residing in
the United States.
As you are aware the Act provides that with certain exceptions every male
citizen of the United States and every other male person residing in the United
States between the ages of 1 8 and 65 shall register. The Act further provides
that, with certain exceptions, registrants within specified age limits are liable
for active military service in the United States armed forces.
This Government recognizes that from the standpoint of morale of the
individuals concerned and the over-all military effort of the countries at war
with the Axis Powers, it would be desirable to permit certain classes of indi-
viduals who have registered or who may register under the Selective Training
and Service Act of 1 940, as amended, to enlist in the armed forces of a co-
belligerent country, should they desire to do so. It will be recalled that during
1 Upon termination of functions of U.S. Selective Service System (60 Stat. 341).
2 54 Stat. 885.
277
278 POLAND
the World War this Government signed conventions with certain associated
powers on this subject. The United States Government believes, however,
that under existing circumstances the same ends may now be accomplished
through administrative action, thus obviating the delays incident to the sign-
ing and ratification of conventions.
This Government is prepared, therefore, to initiate a procedure which
will permit aliens who have registered under the Selective Training and
Service Act of 1940, as amended, who are nationals of co-belligerent coun-
tries and who have not declared their intention of becoming American citizens
to elect to serve in the forces of their respective countries, in lieu of service in
the armed forces of the United States, at any time prior to their induction
into the armed forces of this country. Individuals who so elect will be physi-
cally examined by the armed forces of the United States, and if found physi-
cally qualified, the results of such examinations will be forwarded to the
proper authorities of the co-belligerent nation for determination of accept-
ability. Upon receipt of notification that an individual is acceptable and
also receipt of the necessary travel and meal vouchers from the co-belligerent
government involved, the appropriate State Director of the Selective Service
System will direct the local Selective Service Board having jurisdiction in the
case to send the individual to a designated reception point for induction into
active service in the armed forces of the co-belligerent country. If upon arrival
it is found that the individual is not acceptable to the armed forces of the
co-belligerent country, he shall be liable for immediate induction into the
armed forces of the United States.
Before the above-mentioned procedure will be made effective with respect
to a co-belligerent country, this Department wishes to receive from the diplo-
matic representative in Washington of that country a note stating that his
government desires to avail itself of the procedure and in so doing agrees that :
(a) No threat or compulsion of any nature will be exercised by his
government to induce any person in the United States to enlist in the forces
of any foreign government;
(b) Reciprocal treatment will be granted to American citizens by his
government; that is, prior to induction in the armed forces of his government
they will be granted the opportunity of electing to serve in the armed forces
of the United States in substantially the same manner as outlined above.
Furthermore, his government shall agree to inform all American citizens
serving in its armed forces or former American citizens who may have lost
their citizenship as a result of having taken an oath of allegiance on enlist-
ment in such armed forces and who are now serving in those forces that they
may transfer to the armed forces of the United States provided they desire
to do so and provided they are acceptable to the armed forces of the United
States. The arrangements for effecting such transfers are to be worked out
MILITARY SERVICE— MAR. 30, 1942-FEB. 25, 1943 279
by the appropriate representatives of the armed forces of the respective
governments.
(c) No enlistments will be accepted in the United States by his govern-
ment of American citizens subject to registration or of aliens of any nationality
who have declared their intention of becoming American citizens and are
subject to registration.
This Government is prepared to make the proposed regime effective im-
mediately with respect to Poland upon the receipt from you of a note stating
that your government desires to participate in it and agrees to the stipula-
tions set forth in lettered paragraphs (a), (b), and (c) above.
Accept, Excellency, the renewed assurances of my highest consideration.
Sumner Welles
Acting Secretary of State
His Excellency
Jan Ciechanowski
Ambassador of Poland
The Secretary of State to the Polish Ambassador
Department of State
Washington
December 14, 1942
Excellency:
I have the honor to refer to your note No. 745/SZ-72 of October 13, 1942,
and to other correspondence exchanged in the matter of the proposed ar-
rangement between the United States and Poland concerning the services
of nationals of one country in the armed forces of the other country. You
state that your Government is prepared to accept an arrangement which
would make it possible
(a) for all Polish citizens residing in the United States, who are liable
to register under the provisions of the Selective Training and Service Act
of 1940, to enlist in the Polish Armed Forces should they so desire;
(b) for all Polish citizens, who have already been drafted in the Armed
Forces of the United States, to be given the opportunity to transfer, if they so
desire, to the Polish Armed Forces;
and that your Government would be prepared to conform to lettered para-
graphs a, b, and c of the Department's note of March 30, 1942.
I take pleasure in informing you that this Government is prepared to enter
into an arrangement with your Government as proposed in the Department's
note of March 30, 1942; however, this Government finds itself unable to
308-5 82—73 — —20
280 POLAND
make the arrangement applicable to "all Polish citizens", as desired in let-
tered paragraphs a) and b) of your note of October 13, 1942. This Govern-
ment is unable to grant the privileges outlined in the Department's note of
March 30, 1942, to any but Polish nationals who have not declared their in-
tention of becoming American citizens.
This Government is prepared, however, upon the conclusion of the pro-
posed arrangement, to grant to nondeclarant Polish nationals already serv-
ing in the armed forces of the United States, who did not previously have
an opportunity of electing to serve in the forces of their own country, the
privilege of applying for a transfer to their own forces. Upon the conclu-
sion of the arrangement, the War Department is prepared to discharge, for
the purpose of transferring to the armed forces of Poland, nondeclarant Po-
lish nationals serving in the United States forces who did not have a previous
opportunity of opting for service with the Polish forces.
If your Government is desirous of entering into the proposed arrange-
ment, and you will forward to the Department a note conforming to the
concluding paragraph of the Department's note of March 30, 1942, this
Government is prepared to make the proposed regime effective immediately
upon the receipt of such note.
Accept, Excellency, the renewed assurances of my highest consideration.
Cordell Hull
His Excellency
Jan Ciechanowski
Ambassador of Poland
The Polish Ambassador to the Secretary of State
AMBASADA POLSKA
W WASZYNGTONIE
745/sz-t-83 January 26, 1943
Sir,
I have the honor to refer to your note of December 14, 1942, No. 860
C. 2222/24, concerning the proposed arrangement between Poland and the
United States with regard to the service of nationals of one country in the
armed forces of the other country, and to inform you that, in accordance
with the principles laid down in your note of March 30, 1942, the Polish
Government is ready to affirm its acceptance of the stipulations contained in
the concluding paragraph of your note of March 30, 1942, thereby con-
forming to the concluding paragraph of your note of December 14, 1942.
Consequently :
( 1 ) All Polish nationals who have not declared their intention of becom-
ing American citizens will be granted the privileges outlined in your notes of
March 30, 1942 and December 14, 1942;
MILITARY SERVICE— MAR. 30, 1942-FEB. 25, 1943 281
( 2 ) The War Department of the United States, in agreement with the
Polish military authorities, will discharge, for the purpose of transferring to
the armed forces of Poland, the nondeclarant Polish nationals already serv-
ing in the United States forces, who are desirous of enlisting in the Polish
armed forces and have not had an opportunity of opting for service in the
Polish forces;
(3) All nondeclarant Polish nationals liable for service in the armed
forces of the United States under the selective service law of the United States
may, if they so desire, opt for service in the Polish armed forces, by indicat-
ing to their local draft boards before their induction their desire to serve in the
Polish armed forces in lieu of the United States forces;
(4) The Polish Government expresses the hope that Polish citizens serv-
ing in the armed forces of the United States, whether they have or have not
declared their intention of becoming citizens of the United States will be
accorded to their full extent the opportunities and advantages available to
citizens of the United States, in respect of their service in the armed forces of
the United States;
(5) Although according to Polish law, Polish citizens are not liable for
service in any armed forces except those of their own country without the
consent of the Polish Government, the Polish Government does not wish to
raise this objection at the present time in view of existing special circum-
stances; however, the Polish Government reserves the right of reciprocity
with regard to American citizens residing on Polish territory.
Accept, Sir, the renewed assurances of my highest consideration.
J. ClECHANOWSKI
The Honorable
Gordell Hull
Secretary of State
The Secretary of Slate to the Polish Ambassador
Department of State
Washington
February 25, 1943
Excellency:
I have the honor to acknowledge the receipt of your note of January 26,
1943, in which you state that your Government affirms its acceptance of the
stipulations contained in the Department's notes of March 30, 1942 and De-
cember 14, 1942 concerning the services of the nationals of one country in
the Armed Forces of the other country.
282 POLAND
I take pleasure in informing you that this agreement is now considered by
this Government as having become effective on January 27, 1943, the date
on which your note under acknowledgment was received in the Depart-
ment. The appropriate authorities of this Government have been informed
accordingly, and I may assure you that this Government will carry out the
agreement in the spirit of full cooperation with your Government.
It is suggested that all the details incident to carrying out the agreement be
discussed directly by officers of the Embassy with the appropriate officers in
the War Department and the Selective Service System. Lieutenant Colonel V.
S. Sailor, of the Recruiting and Induction Section, Adjutant General's Office,
War Department, and Major S. G. Parker, of the Selective Service System,
will be available to discuss questions relating to the exercise of the option prior
to induction. The Inter-Allied Personnel Board of the War Department,
which is headed by Major General Guy V. Henry, is the agency with which
questions relating to the discharge of nondeclarant nationals of Poland, who
may have been serving in the Army of the United States on the effective date
of the agreement and who desire to transfer to the Polish Armed Forces, may
be discussed.
With respect to numbered paragraph 5 of your note, this Government
agrees to the Polish Government's exercising reciprocity with regard to
American citizens residing on Polish territory.
Accept, Excellency, the renewed assurances of my highest consideration.
For the Secretary of State :
G. Howland Shaw
His Excellency
Jan Ciechanowski
Ambassador of Poland
CUSTOMS PRIVILEGES FOR FOREIGN
SERVICE PERSONNEL
Exchange of notes at Warsaw October 5 and 30, 1945
Entered into force October 30, 1945
61 Stat. 2297; Treaties and Other
International Acts Series 1544
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
No. 67 Warsaw, October 5, 1945
Excellency:
Pursuant to my note no. 55 of September 26, 1945 to Your Excellency
regarding the proposed opening of several American consular offices in
Poland and the functioning of Polish consular offices in the United States,
I am instructed to deliver the following communication to Your Excellency :
In accordance with instructions from my Government, I have the honor to
inquire whether the Polish Provisional Government of National Unity is
disposed to enter into an agreement whereby on the basis of reciprocity, in
addition to free entry of baggage and effects upon arrival and return to their
posts in the United States after visits abroad which Polish consular officers
assigned to the United States already enjoy, the Department of State will
arrange, upon request of the Polish Embassy in each instance, for the free
entry of articles imported for their personal use during their official residence
in the United States by Polish consular officers and their families and by
Polish Embassy and Consular clerks. It is understood that such officers and
clerks shall be Polish nationals and not engaged in any private occupations
for gain and that no article for the importation of which is prohibited by the
laws of the United States shall be imported by them. If agreeable to this, it is
suggested that October 30, 1945 shall be set as the date on which this
reciprocal agreement shall become effective.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest and most distinguished consideration.
Arthur Bliss Lane
His Excellency
WlNCENTY RZYMOWSKI
Minister of Foreign Affairs
283
284 POLAND
The Minister of Foreign Affairs to the American Ambassador
[translation]
no. k. i. 424 b/i Warsaw, October 30, 1945
Excellency:
In reply to Your Excellency's note no. 67 of October 5, 1945, regarding an
agreement for the duty-free importation of goods by members of consulates
for their own personal use and that of the members of their families, I respect-
fully communicate to you the following :
The Government of National Unity agrees that on the basis of reciprocity
members of the Embassy of the United States of America, as well as members
and their families of American consulates yet to be opened in Poland, would
benefit by the duty-free importation of goods, independentiy of an agreement
already in existence regarding the free entry of baggage and effects upon
arrival at their consular posts, if they are citizens of the United States of
America and will not engage in private occupations for gain on the territory
of Poland.
Customs offices at Warsaw, Gdansk, Krakow, Wroclaw, Poznan and Lodz,
and at Szczecin after the customs office there is opened, will be instructed to
expedite shipments directed to the Consulates of the United States of America
at Gdansk-Gdynia, Lodz, Krakow, Wroclaw, Poznan and Szczecin.
The Ministry of Foreign Affairs will arrange, upon the request of the
American Embassy in each instance, the duty-free entry of goods if, of course,
the importation thereof is not prohibited by Polish law.
The Government of National Unity at the same time expresses agreement
with the proposed date of October 30, 1945 as the date on which this recipro-
cal agreement shall become effective.
I avail myself of this opportunity to renew to Your Excellency the assurances
of my highest consideration.
Z. MODZELEWSKI
Minister
His Excellency
Arthur Bliss Lane
Ambassador of the United States
SURPLUS PROPERTY
Agreement signed at Washington April 22, 1946
Entered into force April 22, 1946
Paragraph 6 implemented by protocol of September 17, 1947 1
Extended by agreement of December 10 and 31, 1947 2
Supplemented by agreement of March 20, 1961 3
[For text, see 12 UST 368; TIAS 4725.]
1 12 UST 371; TIAS 4725.
3 12 UST 373; TIAS 4725.
3 12 UST 374; TIAS 4725.
285
ECONOMIC AND FINANCIAL COOPERATION
Exchange of notes at Washington April 24, 1946; Department of State
press release of June 26, 1946
Entered into force April 24, 1946
60 Stat. 1609; Treaties and Other
International Acts Series 1516
Exchange of Notes
The Acting Secretary of State to the Polish Ambassador
Washington
April 24, 1946
Excellency:
The Government of the United States, desirous of aiding the people of
Poland in their efforts to repair war damages and to reconstruct the Polish
economy, expresses its satisfaction at the successful conclusion of the negotia-
tions concerning the opening of credits of $40,000,000 to the Provisional
Government of Poland by the Export-Import Bank of Washington, D.C, and
the satisfactory conclusion of arrangements for extending credits up to $50,-
000,000 for the purchase by Poland of United States surplus property held
abroad.
The Government of the United States hopes that these agreements will
prove to be the first step toward durable and mutually beneficial economic
and financial cooperation between the Governments of the two countries. It
believes, however, that such cooperation can develop fully only if
( 1 ) a general framework is established within which economic relations
between Poland and the United States can be effectively organized on the
basis of principles set forth in Article VII of the Mutual Aid Agreement of
July 1, 1942,1 so as to result in the elimination of all forms of discriminatory
treatment in international commerce, and the reduction of tariffs and other
trade barriers;
( 2 ) the Provisional Government of Poland is in accord with the general
tenor of the "Proposals for Expansion of World Trade and Employment" re-
cently transmitted to the Provisional Government of Poland by the Gov-
ernment of the United States, and undertakes together with the Government
1 EAS 257, ante, p. 276.
286
ECONOMIC AND FINANCIAL COOPERATION— APRIL 24, 1946 287
of the United States to abstain, pending the participation of the two Govern-
ments in the general international conference on trade and employment con-
templated by the "Proposals", from adopting new measures which would
prejudice the objectives of the conference;
(3) the Provisional Government of Poland will continue to accord to
nationals and corporations of the United States the treatment provided for in
the Treaty of Friendship, Commerce and Consular Rights between the
United States and Poland, signed June 15, 1931; 2
(4) the Government of the United States and the Provisional Govern-
ment of Poland will make both adequate and effective compensation to
nationals and corporations of the other country whose properties are requisi-
tioned or nationalized;
(5) the Provisional Government of Poland and the Government of the
United States agree to afford each other adequate opportunity for consul-
tation regarding the matters mentioned above, and the Provisional Govern-
ment of Poland, recognizing that it is the normal practice of the Government
of the United States to make public comprehensive information concerning
its international economic relations, agrees to make available to the Govern-
ment of the United States full information, similar in scope and character to
that normally made public by the United States, concerning the international
economic relations of Poland.
The Government of the United tSates undertakes herewith to honor and
to discharge faithfully the obligations which relate to the United States
specified in points ( 1 ) through ( 5 ) above, and would be pleased to receive
a parallel undertaking from the Provisional Government of Poland with
respect to those obligations specified in points ( 1 ) through (5) above which
relate to Poland.
Accept, Excellency, the renewed assurances of my highest consideration.
Dean Acheson
Acting Secretary of State
His Excellency
Oskar Lange
Ambassador of Poland
The Polish Ambassador to the Secretary of State
ambasada r.p.
w waszyngtonie
April 24, 1946
Sir,
The receipt is acknowledged, on behalf of the Provisional Govern-
ment of Poland of your note of April 24, 1 946, reading as follows :
3 TS 862, ante, p. 237.
288 POLAND
[For text of U.S. note, see above.]
Under instructions from my Government, I have the honor to communi-
cate to you the following:
The Provisional Government of Poland shares the views of the United
States as expressed by the Secretary of State and undertakes herewith to
honor and to discharge faithfully the obligations which relate to Poland
specified in points (1) through (5) of the note under reference.
Accept, Sir, the renewed assurances of my highest consideration.
Oscar Lange
The Honorable
James F. Byrnes
Secretary of State
Department of State Press Release 447 of June 26, 1946
On April 24, 1946, notes were exchanged between the Polish Ambassador
and the Acting Secretary of State regarding the conclusion of negotiations
for the extension of an Export-Import Bank credit to Poland of $40,000,000
and for an additional credit of up to $50,000,000 for the purchase by Poland
of United States surplus property held abroad. When these notes were
exchanged, the Polish Provisional Government undertook certain obligations.
Subsequently, on May 10, 1946, the Acting Secretary of State announced
the suspension of deliveries of surplus property to Poland under the
$50,000,000 credit by reason of the fact that the Polish Provisional Govern-
ment, in the view of this Government, had failed fully to carry out the obli-
gations undertaken at the time the credits were authorized. Specifically, ( 1 )
the texts of the notes exchanged had not been published in Poland, (2) it
appeared that American press dispatches from Poland were being subjected
to censorship, and ( 3 ) the texts of Poland's economic agreements with other
countries had not been made available to this Government as promised.
The Polish Provisional Government has recently published the exchange
of notes concerning the credits and the question of censorship has been
satisfactorily clarified. Assurances have now been given to the American
Ambassador at Warsaw indicating that the texts of Poland's economic agree-
ments will be furnished to this Government.
In view of these assurances and in consideration of the important role which
these surplus materials are to play in assisting the Polish people to rebuild
their devastated country, this Government has acceded to the request of the
Polish Provisional Government and has authorized the resumption of surplus
property deliveries to Poland.
EXCHANGE OF MEMBERS OF ARMED FORCES
ACCUSED OF COMMITTING CRIMES
Exchange of notes at Warsaw August 5 and 29, 1946
Entered into force August 29, 1946
Amended by agreement of February 6 and April 3 and 14, 1947 *
Expired August 29, 1947
[For text, see 3 UST 522 ; TIAS 2409.]
13UST526;TIAS2409.
289
MIXED NATIONALITY COMMISSION
Exchange of notes at Warsaw February 16 and March 8, 1947
Entered into force March 8, 1947
Terminated June 14, 1948 1
Department of State files
The Ministry for Foreign Affairs to the American Ambassador
[translation]
His Excellency
Arthur Bliss Lane
Ambassador of the United States
in Warsaw
Excellency:
The Ministry of Foreign Affairs transmits expressions of respect to the
American Embassy in Warsaw and in connection with the Embassy's note
No. 842 of January 3, 1947 and the conference of January 21, 1947 con-
cerning the mixed Polish-American Commission for citizenship affairs, has
the honor to inform the Embassy as follows :
The Ministry shares the Embassy's view that the Commission would be
authorized to collect and determine appropriate facts and, on this basis,
to make recommendations to the governments of the Polish Republic and
of the United States of America, leaving to each sovereign state final deci-
sion in citizenship matters.
The Ministry feels that a parity basis would be most suitable for a Com-
mission of this sort (for instance, two representatives of the Polish Republic's
government and two Embassy representatives) with Polish and American
Chairmen alternating.
The detailed procedure for its work (formal method for convoking the
Commission for further meetings, presentation of cases for the Commis-
sion's examination, determination of the material basis for the Commission's
decisions, submission of evidence and making of recommendations) could
be prepared by the Commission itself at its first meeting.
In informing the Embassy of the above, the Ministry proposes calling the
Commission's first meeting for March 5, 1 947.
1 Pursuant to notice of termination given by the United States May 21, 1948.
290
MIXED NATIONALITY COMMISSION— FEB. 16 AND MAR. 8, 1947 291
I take the opportunity to renew, Your Excellency, the expressions of my
highest respect and regard.
J. Olszewski
Warsaw, February 16, 1947
The American Charge d' Affaires ad interim to the Minister of Foreign Affairs
no. 921 Warsaw, March 8, 1947
Excellency:
I have the honor to refer to the note dated February 16, 1947 from Your
Excellency's Ministry concerning the formation of a Mixed Nationality Com-
mission to deal with problems affecting claimants to American citizenship.
The Embassy has understood from several conversations with members of
the Ministry that such a Commission would be empowered to arrange for
American Embassy representatives accompanied by Polish Government
representatives to visit claimants to American citizenship now under arrest
for the purpose of determining the validity of their claims to citizenship. On
the understanding that this assumption is correct, my Government has au-
thorized me to accept the proposal in Your Excellency's Ministry's Note under
acknowledgement. My Government has also designated as American dele-
gates on the Mixed Nationality Commission : ( 1 ) the American Ambassador
or in his absence the Charge d' Affaires, a.i., and ( 2 ) First Secretary Edmund
J. Dorsz.
In order that the Commission may begin functioning at the earliest prac-
ticable date, I should be most appreciative if Your Excellency would inform
me of the date when the Mixed Nationality Commission may assemble for its
first meeting.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest and most distinguished consideration.
Gerald Keith
His Excellency
Zygmunt Modzelewski
Minister of Foreign Affairs
Warsaw
EXCHANGE OF MEMBERS OF ARMED FORCES
ACCUSED OF COMMITTING CRIMES
Exchange of notes at Warsaw February 6 and April 3 and 14, 1947,
amending agreement of August 5 and 29, 1946 l
Entered into force April 14, 1947
Expired August 29, 1947
[For text, see 3 UST 526; TIAS 2409.]
SURPLUS PROPERTY
Protocol signed at Warsaw September 17, 1947, implementing para-
graph 6 of agreement of April 22, 1946 2
Entered into force September 17 , 1947
[For text, see 12 UST 371; TIAS 4725.]
SURPLUS PROPERTY
Agreement signed at Warsaw December 10 and 31 , 1947, extending
agreement of April 22, 1946 2
Entered into force December 31, 1947
[For text, see 12 UST 373; TIAS 4725.]
1 3 UST 522; TIAS 2409.
2 12 UST 368; TIAS 4725.
292
Portugal
COMMERCE AND NAVIGATION
Treaty signed at Lisbon August 26, 1840; related notes dated August 10,
24, 26, and 27, 1840
Entered into force August 26, 1840
Senate advice and consent to ratification February 3, 1841
Ratified by Portugal March 8, 1841
Ratified by the President of the United States April 23, 1841
Ratifications exchanged at Washington April 23, 1841
Proclaimed by the President of the United States April 24, 1841
Terminated January 3 1 , 1892 1
8 Stat. 560; Treaty Series 289 2
Treaty
In the Name of the Most Holy and Undivided Trinity.
The United States of America, and Her Most Faithful Majesty The Queen
of Portugal and of the Algarves, equally animated with the desire of main-
taining the relations of good understanding which have hitherto so happily
subsisted between Their Respective States; of extending, also, and consolidat-
ing the commercial intercourse between them ; and convinced that this object
cannot better be accomplished than by adopting the systeme of an entire
freedom of navigation, and a perfect reciprocity based upon principles of
equity equally beneficial to both Countries; have, in consequence, agreed to
enter into negotiations for the Conclusion of a Treaty of Commerce and Navi-
gation : and They have appointed as Their Plenipotenciaries for that purpose,
to wit : The President of The United States of America, Edward Kavanagh,
Their Charge d' Affaires at the Court of Her Most Faithful Majesty; And Her
Most Faithful Majesty, The Most Illustrious and Most Excellent John Baptist
de Almeida Garrett, First Historiographer to Her said Majesty, of Her
Council, Member of the Cortes, Knight of the ancient and most noble order of
the Tower and Sword, Knight Commander of the order of Christ, Officer of
1 Pursuant to notice of termination given by Portugal Jan. 31, 1891.
2 For a detailed study of this treaty, see 4 Miller 295.
293
294 PORTUGAL
the order of Leopold in Belgium, Judge of the Superior Court of Commerce,
Envoy Extraordinary and Minister Plenipotentiary to Her Catholic Majesty:
Who, after having exchanged their respective full powers, found to be in due
and proper form, have agreed upon, and concluded, the following articles.
Article 1
There shall be, between the Territories of the High Contracting Parties, a
reciprocal liberty of Commerce and navigation. The Citizens and Subjects of
their respective States shall, mutually, have liberty to enter the Ports, Places
and Rivers of the territories of each party, wherever foreign Commerce is, or
shall be, permitted. They shall be at liberty to sojourn and reside in all parts
of said Territories, in order to attend to their affairs; and they shall enjoy,
to that effect, the same security and protection as natives of the Country
wherein they reside, on condition of their submitting to the laws and ordi-
nances there prevailing, and particularly to the regulations in force concern-
ing commerce.
Article 2
Vessels of the United States of America arriving, either laden or in ballast,
in the Ports of the Kingdom and Possessions of Portugal; and, reciprocally,
Portuguese Vessels arriving, either laden or in ballast, in the Ports of the
United States of America, shall be treated, on their entrance, during their stay,
and at their departure, upon the same footing as national vessels, coming from
the same place, with respect to the duties of Tonnage, light-house duties,
pilotage, port-charges, as well as to the fees and perquisites of Public Officers,
and all other duties and charges, of whatever kind or denomination, levied
upon Vessels of Commerce, in the name or to the profit of the Government,
the local authorities, or of any public, or private establishment, whatsoever.
Article 3
No higher or other duties shall be imposed on the importation, into the
Kingdom and Possessions of Portugal, of any article, the growth, produce or
manufacture of the United States of America ; and no higher or other duties
shall be imposed on the importation, into the United States of America, of
any article, the growth, produce or manufacture of the Kingdom and Posses-
sions of Portugal, than such as are, or shall be, payable on the like article,
being the growth, produce, or manufacture of any other foreign Country.
Nor shall any prohibition be imposed on the importation or exportation of
any article, the growth, produce or manufacture of the United States of
America, or of the Kingdom and Possessions of Portugal, to or from, the Ports
of the said Kingdom and Possessions of Portugal, or of the said States, which
shall not equally extend to all other foreign Nations.
Nor shall any higher or other duties or charges be imposed, in either of the
COMMERCE AND NAVIGATION— AUGUST 26, 1840 295
two countries, on the exportation of any articles to the United States of
America, or to the Kingdom of Portugal, respectively, than such as are pay-
able on the exportation of the like articles to any other foreign Country.
Provided, however, that nothing contained in this Article shall be under-
stood, or intended, to interfere with the stipulation entered into by the United
States of America, for a special equivalent, in regard to French wines, in
the Convention made by the said States and France, on the fourth day of
July, in the year of our Lord one thousand eight hundred and thirty one; 3
which stipulation will expire, and cease to have effect, in the month of
February, in the year of our Lord one thousand eight hundred and forty two.
Article 4
The same duties shall be paid, and the same bounties, deductions, or
privileges allowed, on the importation, into the Kingdom and Possessions
of Portugal, of any article, the growth, produce, or manufacture of the
United States of America, whether such importation shall be in Vessels
of the said States, or in Portuguese Vessels; and, reciprocally, the same
duties shall be paid, and the same bounties, deductions, or privileges
allowed, on the importation, into the United States of America, of any
article, the growth, produce, or manufacture of the Kingdom and Posses-
sions of Portugal, whether such importation shall be in Portuguese Vessels,
or in Vessels of the said States.
Article 5
It is agreed by the High Contracting Parties, that, whenever there may
be lawfully imported into all or any of the Ports of the Kingdom and Pos-
sessions of Portugal, in Vessels of any foreign country, articles of the growth,
produce, or manufacture of a country other than that to which the import-
ing Vessels shall belong, the same privilege shall immediately become com-
mon to Vessels of the United States of America, with all the same rights
and favors as may, in that respect, be granted to the most favored nation.
And, reciprocally, in consideration thereof, Portuguese Vessels shall, there-
after, enjoy, in the same respect, privileges, rights, and favors, to a corre-
spondent extent, in the Ports of the United States of America.
Article 6
All kinds of merchandise and articles of Commerce, which may be law-
fully exported or reexported from the Ports of either of the High Contracting
Parties to any foreign country, in national vessels, may also be exported
or reexported therefrom in Vessels of the other Party, respectively, without
paying other or higher duties or charges, of whatever kind or denomina-
tion, than if the same merchandise or articles of Commerce were exported
or reexported in National Vessels.
3 TS 88, ante, vol. 7, p. 828, FRANCE.
296 PORTUGAL
And the same bounties and drawbacks shall be allowed, whether such
exportation or reexportation be made in Vessels of the one Party or the
other.
Article 7
It is expressly understood that nothing contained in this Treaty shall be
applicable to the coastwise Navigation of either of the two Countries, which
each of the High Contracting Parties reserves exclusively to itself.
Article 8 *
It is mutually understood that the foregoing stipulations do not apply to
Ports and Territories, in the Kingdom and Possessions of Portugal, where
foreign Commerce and Navigation are not admitted; and that the Com-
merce and Navigation of Portugal, direcdy to and from the United States
of America and the said Ports and Territories, are also prohibited.
But, Her Most Faithful Majesty agrees that, as soon as the said Ports
and Territories, or any of them, shall be opened to the Commerce or Navi-
gation of any foreign Nation, they shall, from that moment, be also opened
to the Commerce and Navigation of the United States of America, with
the same privileges, rights and favors as may be allowed to the most favored
Nation, gratuitously, if the concession was gratuitously made, or on allow-
ing the same compensation, or an equivalent, if the concession was
conditional.
Article 9
Whenever the citizens or Subjects of either of the Contracting Parties
shall be forced to seek refuge or asylum in any of the Rivers, Bays, Ports,
or Territories of the other, with their Vessels, whether Merchant, or of War,
through stress of weather, pursuit of Pirates or Enemies, they shall be
received and treated with humanity, giving to them all favor, facility and
protection for repairing their ships, procuring provisions and placing them-
selves in a situation to continue their voyage, without obstacle or hindrance
of any kind.
Article 10
The two Contracting Parties shall have the liberty of having, each in
the Ports of the other, Consuls, Vice-Consuls, Agents, and Commisaries of
their own appointment, who shall enjoy the same privileges and powers as
those of the most favored Nation. But, before any Consul, Vice-Consul,
Agent, or Commissary shall act as such, he shall, in the usual form, be
approved and admitted by the Government to which he is sent.
But, if any such Consuls shall exercise commerce, they shall be submitted
to the same laws and usages to which the private Individuals of their Na-
* For an understanding regarding art. 8, see related notes, pp. 299-303.
COMMERCE AND NAVIGATION— AUGUST 26, 1840 297
tion are submitted, in the same place, in respect of their Commercial
transactions.
And, it is hereby declared that, in case of offense against the laws, such
Consul, Vice-Consul, Agent or Commissary may either be punished ac-
cording to law, or be sent back, the offended Government assigning, to the
other, reasons for the same.
The archives and papers of the consulates shall be respected inviolably;
and, under no pretext whatever, shall any Magistrate seize, or in any way
interfere with, them.
The Consuls, Vice-Consuls, and Commercial Agents, shall have the right,
as such, to sit as Judges and arbitrators, in such differences as may arise
between the Captains and Crews of the Vessels belonging to the Nation
whose interests are committed to their charge, without the interference of
the local authorities, unless the Conduct of the Crews, or of the Captains,
should disturb the order or the tranquillity, or offend the laws, of the Coun-
try; or the said Consuls, Vice-Consuls, or Commercial Agents should require
their assistance to cause their decisions to be carried into effect, or supported.
It is, however, understood that this species of judgment, or arbitration,
shall not deprive the contending parties of the right they have to resort, on
their return, to the Judicial Authorities of their country.
Article 1 1
The said Consuls, Vice-Consuls and Commercial Agents are authorised
to require the assistance of the local authorities, for the search, arrest, deten-
tion and imprisonment of the Deserters from the ships of War and Merchant
Vessels of their Country.
For this purpose, they shall apply to the competent Tribunals, Judges, and
Officers, and shall, in waiting [writing], demand the said Deserters, prov-
ing by the exhibition of the Registers of the Vessels, the Rolls of the Crews,
or by any other Official Documents, that such Individuals formed part of
the Crews; and, this reclamation being thus substantiated, the surrender
shall be made, without delay.
Such Deserters, when arrested, shall be placed at the disposal of the said
Consuls, Vice-Consuls, or Commercial Agents, and may be confined in the
public prisons, at the request and cost of those who shall claim them, in order
to be detained until the time when they shall be restored to the Vessels to
which they belonged, or sent back to their own country; by a Vessel of
the same Nation, or any other Vessel whatsoever.
But, if not sent back within four months from the day of their arrest,
they shall be set at liberty, and shall not be again arrested for the same cause.
However, if the Deserter shall be found to have committed any crime or
offense, the surrender may be delayed until the Tribunal, before which his
case shall be pending, shall have pronounced its sentence, and such sentence
shall have been carried into effect.
298 PORTUGAL
Article 12
The citizens and Subjects of each of the High Contracting parties shall
have power to dispose of their personal goods, within the jurisdiction of
the other, by Testament, Donation, or otherwise; and their Representatives
shall succeed to their said personal goods, whether by testament or ab
intestato, and may take possession thereof, either by themselves, or by others
acting for them, and dispose of the same, at will, paying to the profit of
the respective Governments such dues only as the Inhabitants of the coun-
try, wherein the said goods are, shall be subject to pay in like cases.
And where, on the death of any person holding real estate, within the
Territories of one of the High Contracting Parties, such real estate would,
by the laws of the land, descend on a citizen or Subject of the other Party,
who, by reason of alienage, may be incapable of holding it, he shall be
allowed the time fixed by the laws of the Country; and, in case the Laws
of the Country actually in force may not have fixed any such time, he then
shall be allowed a reasonable time to sell, or otherwise dispose of, such real
estate, and to withdraw and export the proceeds without molestation, and
without paying to the profit of the respective Governments any other dues
than those to which the Inhabitants of the Country, wherein said real estate
is situated, shall be subject to pay in like cases.
Article 13
If either Party shall, hereafter, grant to any other Nation any particular
favor in Navigation or Commerce, it shall immediately become common
to the other party, freely, where it is freely granted to such other Nation,
or on yielding the same compensation, or an equivalent, quam proxime where
the grant is conditional.
Article 14
The United States of America and Her Most Faithful Majesty, desiring
to make as durable as circumstances will permit, the relations which are to be
established between the two Parties, by virtue of this Treaty or General
Convention of reciprocal liberty of Commerce and Navigation, have declared
solemnly, and do agree to the following points:
1st
The present Treaty shall be in force for six years from the date hereof, and
further until the end of one year after either of the Contracting Parties shall
have given notice to the other, of its intention to terminate the same: each
of the Contracting Parties reserving to itself the right of giving such notice to
the other, at any time after the expiration of the Said term of six years ; and
it is hereby agreed between them that, on the expiration of one year after
such notice shall have been received by either from the other party, this Treaty
shall altogether cease and terminate.
COMMERCE AND NAVIGATION— AUGUST 26, 1840 299
If any one or more of the citizens or Subjects of either Party shall infringe
any of the Articles of this Treaty, such citizen or Subject shall be held per-
sonally responsible for the same; and the harmony and good correspond-
ence between the two Nations shall not be interrupted thereby; each Party
engaging in no way to protect the Offender, or sanction such violation.
If, (which, indeed, cannot be expected,) unfortunately, any of the articles
contained in the present Treaty shall be violated or infringed, in any way
whatever, it is expressly stipulated, that neither of the contracting Parties
will order or authorise any acts of reprisal, nor declare war against the other,
on complaints of injuries or damages, until the said Party, considering itself
offended, shall first have presented to the other a statement of such injuries
or damages, verified by competent proof, and demanded justice and satisfac-
tion, and the same shall have been either refused or unreasonably delayed.
The present Treaty shall be approved and ratified by the President of the
United States of America, by and with the advice and consent of the Senate
of the Said States, and by Her Most Faithful Majesty, with the previous
consent of the General Cortes of the Nation, and the ratifications shall be
exchanged, in the City of Washington, within eight months from the date
hereof, or sooner, if possible.
In witness whereof, the respective Plenipotentiaries have signed the same,
and have affixed thereto the seals of their arms.
Done in triplicate, in the City of Lisbon, the twenty sixth day of August, in
the year of our Lord one thousand eight hundred and forty.
Edward Kavanagh [seal]
Joao Baptista de Almeida Garrett [seal]
Related Notes
The American Charge d' Affaires ad interim to the Minister of Foreign
Affairs ad interim
Legation of the
United States of America
Lisbon, August 10, 1840
The undersigned, charge d'affaires of the United States of America, and
their plenipotentiary duly authorized to conclude a treaty of commerce
and navigation between the said States and Portugal, has the honor of com-
300 PORTUGAL
municating to his excellency the Councillor Rodrigo da Fonseca Magalhaes,
that questions, arising in the pending negotiations, render it highly material
that the ports and territories of this kingdom, from which foreign commerce
and navigation are excluded, should be designated; the undersigned, there-
fore, has the honor to request that his excellency will do him the favor to give
the desired information.
It has been assumed, by both of the negotiators, that the words "kingdom
and possessions of Portugal" include every territory and place where Portugal
claims or exercises sovereignty and jurisdiction. If this assumption be errone-
ous, will his excellency have the goodness to correct it?
The undersigned avails himself of this occasion to renew to his excellency
assurances of his most distinguished consideration.
Edward Kavanagh
The Minister of Foreign Affairs ad interim to the American Charge d' Affaires
ad interim
[translation]
Lisbon, August 24, 1840
The undersigned, Plenipotentiary of Her Most Faithful Majesty, has the
honor to inform Mr. Edward Kavanagh, Plenipotentiary of the United States
of America, that having, according to his promise of yesterday, officially pro-
pounded to Her Majesty's Minister and Secretary of State the three points
that were necessary to be explained or decided before signing the treaty that
was agreed upon yesterday, as well as to render it possible to draft, in a
manner satisfactory to both parties, an additional article 5 which should be
signed simultaneously and as an integral part of the said treaty, has received
the following verbal answer, which he is authorized to communicate officially
and which he does now communicate to Mr. Kavanagh, declaring at the
same time that this, his answer, may be considered by him as having all the
force and positive authority which Mr. Kavanagh could desire.
1 . As to the declaration of the equivalent mentioned in the eighth article
of the treaty, there is no hesitation in declaring that from henceforward it be
considered that an equivalent for opening the ports of Her Majesty's ultra-
marine possessions to the direct commerce and navigation of the United
States of America, shall be an equal admission in the United States of the
direct commerce and navigation in Portuguese vessels from the said ports.
2. That as to the ultramarine ports which are now considered closed
against foreign commerce, Her Majesty's Government judges it necessary
An additional article relating to Brazil was not agreed.
COMMERCE AND NAVIGATION— AUGUST 26, 1840 301
to proceed to important inquiries before a categorical designation of them;
but that a definitive resolution will be necessarily taken very soon, when it will
be communicated without delay to the Government of the United States of
America.
[Clause 3, relating to a proposed additional article and to a conference to
be held the next day, is omitted.]
The undersigned avails himself of this occasion to renew to Mr. Kavanagh
assurances of his distinguished consideration and particular esteem.
De Almeida Garrett
The Minister of Foreign Affairs ad interim to the American Charge
a" Affaires ad interim
[TRANSLATION]
Lisbon, August 26, 1840
The undersigned, Plenipotentiary of Her Most Faithful Majesty, has
orders, in the name of Her Most Faithful Majesty, to declare, in the act
of signing his name to the Treaty of Commerce and Navigation negotiated
with Mr. E. Kavanagh, Plenipotentiary of the United States of America,
that there have been long pending between her Government and the
Empire of Brazil, negotiations on a treaty of commerce, the result of which
may be the concession of mutual favors in the duties of importation at the
customhouses of Portugal and Brazil, on certain articles of the production of
the two countries, in conformity with the spirit of the reservation made for
that purpose in the Treaty of Separation between Portugal and Brazil.6
And this circumstance (of which, from the commencement of the negotia-
tions, the undersigned frankly informed Mr. Kavanagh) being the principal
motive that compelled the undersigned to propose that there should be a
stipulation (as, in effect, it has been stipulated) for the long period of eight
months for the ratification of the present treaty, the Portuguese Government
thinks it due to frankness to declare to Mr. E. Kavanagh that, reserving to
itself the right of not ratifying the said treaty, if circumstances shall so
require, it cannot in such case, if it should so occur, be charged with a want
of that good faith of which it has ever given so many proofs.
The undersigned renews on this occasion to Mr. E. Kavanagh assurances
of his distinguished consideration and very particular esteem.
De Almeida Garrett
To Mr. Edward Kavanagh
etc., etc., etc.
'Treaty of Aug. 29, 1825; for an English translation, see 12 British and Foreign State
Papers 674.
302 PORTUGAL
The American Charge a" Affaires ad interim to the Portuguese
Plenipotentiary
Lisbon, August 26, 1840
The undersigned, plenipotentiary of the United States of America, ac-
knowledges receipt of the note addressed to him this day, in which the
Chevalier de Almeida Garrett, plenipotentiary of her Most Faithful Majesty,
states that he has orders, in her Majesty's name, to declare, in the act of
signing the treaty of commerce and navigation between the said States and
Portugal, concluded this day by the respective plenipotentiaries above men-
tioned, that, in accordance with the spirit of the treaty of separation between
Portugal and Brazil, and in pursuance of the reserve therein made, nego-
tiations have been long pending between these two nations, which may
result in the concession of mutual favors, in respect to the duties of importa-
tion on products of each of the parties in the ports of the other; and that if,
circumstances so requiring it, her Majesty's ratification be withheld from
the treaty with the United States, this notice is now given, that her Majesty's
Government may not hereafter be taxed with want of good faith.
The undersigned, on his part, also declares, in the act of signing the same
treaty, that an equal right is also reserved to the Government of the United
States of America, if circumstances special to said States shall so require
it, to withhold its ratification therefrom.
The undersigned avails himself of this occasion to renew to the Chevalier
de Almeida Garrett assurances of his very distinguished consideration.
Edward Kavanagh
The American Charge d' Affaires ad interim to the Portuguese
Plenipotentiary
Lisbon, August 26, 1840
The undersigned, plenipotentiary of the United States of America, de-
clares, in the act of signing the treaty concluded this day between the said
States and Portugal —
First. That he considers the words "kingdom and possessions of Portugal"
as comprehending all territories and places wherein her Most Faithful
Majesty's Government exercises or claims sovereignty and jurisdiction.
Second. That he accepts the following paragraph, contained in the note
addressed to him on the 24th instant, by the Chevalier de Almeida Garrett,
as of the same force and effect as if it were inserted, word for word, in the
said treaty:
"Quanto a declaragao do equivalente mencionado no artigo 8° do trac-
tado, nao ha duvida nenhuma em declarar que desde ja fique considerado
COMMERCE AND NAVIGATION— AUGUST 26, 1840 303
como o dito equivalente pela abertura dos portos das possessoes ultramarinas
de sua Magestade ao commercio e navegagao directos dos Estados Unidos
da America, a admissao a igual commercio e navegagao directos dos ditos
portos para os dos ditos Estados, em navios Portugueses." 7
The undersigned duly appreciates the engagement of her Majesty's Gov-
ernment to communicate to that of the United States its definitive speci-
fication of the ports and territories, in the possessions of Portugal, where
foreign commerce shall not be permitted.
On this occasion, the undersigned has the honor of tendering to the
Chevalier de Almeida Garrett assurances of his distinguished consideration.
Edward Kavanagh
The Minister of Foreign Affairs ad interim to the American Charge
d' Affaires ad interim
[translation]
The undersigned, Minister and Secretary of State for the Interior, charged
ad interim with the Department of Foreign Affairs, in answer to the note
addressed to him on the 10th instant by Mr. Edward Kavanagh, Charge
d'Affaires of the United States of America, in which he requested that the
ports and territories of this Kingdom from which foreign commerce is
excluded might be specified, has the honor to inform him that, having
sought the necessary information on that point from the Minister of Finance,
His Excellency has officially communicated, under this day's date, that in
the ports of Lisbon and Oporto all articles of foreign commerce are admitted
to entry, for consumption, on complying with the conditions stated in the
pauta geral (or general tariff) of the customhouses, with the single excep-
tion of prohibited articles, such as cereaes (breadstuff's), flour, and others;
and that in other ports of the Kingdom where there is a customhouse, foreign
commerce is also admitted, but entry is not permitted of articles specified
in the first article of the preamble to said pauta ( or tariff ) .
The undersigned has also the honor of confirming Mr. Kavanagh in his
opinion that there is no doubt that by the words "Kingdom and posses-
sions of Portugal" are designated all territories and places over which the
Crown of Portugal exercises or claims sovereignty and jurisdiction.
The undersigned improves this occasion to renew to Mr. Kavanagh
assurances of his most distinguished consideration.
RODRIGO DA FONSECA MaGALHAES
Office of Foreign Affairs, August 27, 1840
7 For translation, see numbered para. 1 of note of Aug. 24, 1840, p. 300.
308-582— 73 21
SETTLEMENT OF CERTAIN CLAIMS
Convention signed at Washington February 26, 1851
Senate advice and consent to ratification March 7, 1851
Ratified by the President of the United States March 10, 1851
Ratified by Portugal June 17,1851
Ratifications exchanged at Lisbon June 23, 1851
Entered into force June 23, 1851
Proclaimed by the President of the United States September 1, 1851
Terminated March 3 1 , 1856 l
10 Stat. 911; Treaty Series 290 2
The United States of America, and Her Most Faithful Majesty, the Queen
of Portugal and of the Algarves, equally animated with the desire to maintain
the relations of harmony and amity, which have always existed, and which it
is desirable to preserve between the two Powers, having agreed to terminate,
by a Convention, the pending questions between their respective Govern-
ments, in relation to certain pecuniary claims of American citizens, presented
by the Government of the United States, against the Government of Portu-
gal,— have appointed as their Plenipotentiaries for that purpose, to wit :
The President of the United States of America, Daniel Webster, Secretary
of State of said United States, — and
Her Most Faithful Majesty, J. C. de Figaniere e Morao, of Her Council,
Knight Commander of the order of Christ, and of O. L. of Conception of
Villa- Vigoza, and Minister Resident of Portugal near the Government of the
United States, —
who, after having exchanged their respective full powers, found to be in
due and proper form, have agreed upon, and concluded, the following
articles :
Article I
Her Most Faithful Majesty, the Queen of Portugual and of the Algarves,
appreciating the difficulty of the two Governments' agreeing upon the sub-
ject of said claims, from the difference of opinion entertained by them re-
spectively, which difficulty might hazard the continuance of the good
understanding, now prevailing between them, and resolved to maintain the
same unimpaired, — has assented to pay to the Government of the United
1 Date on which Portugal made final payment.
a For a detailed study of this convention, see 5 Miller 929.
304
CLAIMS— FEBRUARY 26, 1851 305
States, a sum equivalent to the indemnities claimed for several American citi-
zens, (with the exception of that mentioned in the fourth Article, ) and, which
sum the Government of the United States undertakes to receive in full satis-
faction of said claims, except as aforesaid, and to distribute the same among
the claimants.
Article II
The high contracting parties, not being able to come to an agreement upon
the question of public law involved in the case of the American Privateer
Brig "General Armstrong", destroyed by British vessels in the waters of the
Island of Fayal, in September 1814, Her Most Faithful Majesty has proposed,
and the United States of America have consented, that the claim presented
by the American Government, in behalf of the captain, officers & crew of the
said Privateer should be submitted to the arbitrement of a Sovereign, Poten-
tate or Chief of some nation in amity with both the high contracting parties.
Article III
So soon as the consent of the Sovereign, Potentate or Chief of some friendly
nation, who shall be chosen by the two high contracting parties, shall have
been obtained, to act as arbiter in the aforesaid case of the Privateer Brig
"General Armstrong", copies of all correspondence, which has passed in refer-
ence to said claim, between the two Governments & their respective Repre-
sentatives, shall be laid before the arbiter, to whose decision the two high con-
tracting parties hereby bind themselves to submit.
Article IV
The pecuniary indemnities which Her Most Faithful Majesty promises to
pay, or cause to be paid, for all the claims presented, previous to the 6th day
of July, 1850, in behalf of American citizens, by the Government of the
United States, (with the exception of that of the "General Armstrong",) are
fixed at ninety one thousand, seven hundred & twenty seven Dollars, in ac-
cordance with the correspondence between the two Governments.
Article V
The payment of the sum stipulated in the preceding Article, shall be made
in Lisbon, in ten equal instalments, in the course of five years, to the properly
authorised agent of the United States. The first instalment, of nine thousand,
one hundred & seventy two Dollars, seventy Cents, with interest as herein-
after provided, (or its equivalent in Portuguese current money, ) shall be paid,
as aforesaid, on the 30th day of September, of the current year of 1851, or
earlier, at the option of the Portuguese Government ; and at the end of every
subsequent six months, a like instalment shall be paid; — the integral sum
of ninety one thousand, seven hundred & twenty seven Dollars, — or its equiv-
alent, thus to be satisfied on or before the thirtieth day of September, 1856.
306 PORTUGAL
Article VI
It is hereby agreed, that each and all of the said instalments are to bear,
and to be paid with, an interest of six per Cent, per annum, from the date of
the exchange of the ratifications of the present Convention.
Article VII
This Convention shall be approved and ratified, and the ratifications shall
be exchanged, in the city of Lisbon, within four months, after the date hereof,
or sooner, if possible.
In testimony whereof the respective Plenipotentiaries have signed the same,
& affixed thereto the seals of their arms.
Done, in the City of Washington, D.C., the twenty sixth day of February,
of the year of our Lord, One thousand, eight hundred & fifty one.
j. c. de flganiere e morao [seal]
Danl Webster [seal]
COMMERCE
Agreement signed at Washington May 22, 1899
Ratified by Portugal
Proclaimed by the President of the United States June 12, 1900
Entered into force June 12, 1900
Extended to Puerto Rico by amendatory agreement of November 19,
1902 1
Terminated August 7, 1910 2
31 Stat. 1913; Treaty Series 291
The President of the United States of America and His Most Faithful
Majesty the King of Portugal and of the Algarves, equally animated by the
desire to confirm the good understanding existing between them and to in-
crease the commercial intercourse of the two countries, have deemed it ex-
pedient to enter into a reciprocal commercial Agreement to that end; and
they have appointed as their Plenipotentiaries for that purpose, to wit:
The President of the United States of America, the Honorable John A.
Kasson, Special Commissioner Plenipotentiary : and
His Most Faithful Majesty, the Viscount de Santo-Thyrso, His Majesty's
Envoy Extraordinary and Minister Plenipotentiary at Washington :
Who, after an exchange of their respective full Powers, found to be in
due and proper form, have agreed upon the following Articles:
Article I
Upon the following articles of commerce being the product of the soil or
industry of Portugal or of the Azores and Madeira Islands imported into the
United States the present rates of duty shall be reduced and shall hereafter
be as follows, namely :
Upon argols, or crude tartar, or wine lees, five per centum ad valorem.
Upon still wines in casks, thirty-five cents per gallon ; in bottles, per case of
one dozen bottles, containing each not more than one quart and more than
one pint, or twenty-four bottles containing not more than one pint, one dollar
and twenty-five cents per case; and any excess beyond these quantities found
in such bottles shall be subject to a duty of four cents per pint or fractional
JTS 457, post, p. 310.
' Pursuant to notice of termination given by the United States Aug. 7, 1909.
307
308 PORTUGAL
part thereof, but no separate or additional duty shall be assessed upon the
bottles.
Upon sparkling wines, in bottles containing not more than one quart and
more than one pint, six dollars per dozen ; containing not more than one pint
each and more than one-half pint, three dollars per dozen ; containing one-
half pint each or less, one dollar and fifty cents per dozen ; in bottles or other
vessels containing more than one quart each, in addition to six dollars per
dozen bottles, on the quantities in excess of one quart, at the rate of one dollar
and ninety cents per gallon.
Upon brandies or other spirits manufactured or distilled from grain or
other materials, whether the product of Portugal or of the Portuguese Pos-
sessions, one dollar and seventy-five cents per proof gallon.
Upon paintings in oil or water colours, pastels, pen and ink drawings and
statuary, fifteen per centum ad valorem.
Article II
Reciprocally and in consideration of the preceding concessions, upon the
following articles of commerce being the products of the soil or industry of the
United States imported into the Kingdom of Portugal and the Azores and
Madeira Islands, the rates of duty shall be as low as those accorded to any
other country ( Spain and Brazil being excepted from this provision ) namely :
Tariff No. 325 Flour of cereals, except wheat.
Tariff No. 326 Maize in the grain.
Tariff No. 327 Wheat in the grain.
Tariff No. 354 Lard and grease.
t -ff is! ' qq Mineral oils, and their products not elsewhere spec-
JL 3, rill 1NO. Z/KJ . s* i • tf rrt • rr
rr- .rr -nt <-»r> ined in the 1 arin .
Tariff No. 99
Tariff No. 373. Reaping, mowing and thrashing machines, machines for
compressing hay and straw, steam-plows, and separate parts of these ma-
chines and plow shares.
Tariff No. 386. Instruments, implements and tools for the arts, manufac-
tories, agriculture, and gardening; and upon the following articles shall not
exceed the rates hereinafter stated, namely:
Upon the foregoing machines and articles described in No. 373, five reis
per kilogram.
Upon the instruments, implements and tools described above in No. 386,
for use in agriculture and gardening, sixty reis per kilogram.
Upon lighter mineral oils for illuminating purposes (density of 0.780 up
to 0.820; point of ignition from 37° up to 49°) forty-six reis per litre.
Upon medium mineral oils (density above 0.820 and up to 0.860; point
of ignition from 50° up to 150° ) fifty-two reis per kilogram.
Upon tar and mineral pitch ten reis per ton.
COMMERCE— MAY 22, 1899 309
Article III
It is mutually understood that His Most Faithful Majesty's Government
reserves the right, after three months prior notification to the United States
Government of its intention to do so, to arrest the operation of this Conven-
tion in case the United States shall hereafter impose a duty upon crude cork
or coffee being the product of Portugal or of the Portuguese Possessions, or
shall give less favorable treatment to the following articles being the product
of Portugal or of her Possessions than that accorded to the like articles being
the product of any other country not under the control of the United States,
namely: argols, crude tartar or wine lees; coffee; cacao; wines, brandies;
cork, raw or manufactured; sardines and anchovies preserved; and fruits,
not preserved; but in respect to fruits the United States reserves the right to
make special arrangements applicable to any of the West India Islands.
Article IV
This Agreement shall be ratified by His Most Faithful Majesty so soon as
possible, and upon official notice thereof the President of the United States
shall issue his Proclamation giving full effect to the provisions of Article I of
this Agreement. From and after the date of such Proclamation this Agreement
shall be in full force and effect, and shall continue in force for the term of
five years thereafter, and if not then denounced by either Party shall continue
in force until one year from the time when one of the Parties shall have
notified the other of its intention to arrest the operation thereof.
Done at Washington the twenty-second day of May in the year one thou-
sand eight hundred and ninety-nine.
John A. Kasson [seal]
Visconde de Santo Thyrso [seal]
COMMERCE
Agreement signed at Washington November 19, 1902, amending
agreement of May 22, 1899
Ratified by Portugal December 20, 1906
Proclaimed by the President of the United States January 24, 1907
Entered into force January 24, 1907
Terminated August 7, 1910 1
34 Stat. 3268 ; Treaty Series 457
The President of the United States of America and His Most Faithful
Majesty the King of Portugal and of the Algarves, finding it expedient to
amend the Commercial Agreement between the two countries, signed at
Washington on the 22nd day of May, 1899,2 have named for this purpose
their respective Plenipotentiaries, to wit :
The President of the United States of America, the Honorable John Hay,
Secretary of State of the United States, and
His Most Faithful Majesty, the Viscount de Alte, His Majesty's Envoy
Extraordinary and Minister Plenipotentiary at Washington ;
Who, after having communicated each to the other their respective full
powers, found to be in good and due form, have agreed upon the following
additional and amendatory Articles to be taken as part of the said Agreement :
Article I
The High Contracting Parties mutually agree that the provisions of the
said Agreement shall apply also to the Island of Porto Rico.
Article II
This Additional and Amendatory Agreement shall be ratified by His Most
Faithful Majesty so soon as possible, and upon official notice thereof the
President of the United States shall issue his Proclamation giving full effect to
the same. From and after the date of such Proclamation this Agreement shall
1 Pursuant to notice of termination given by the United States Aug. 7, 1909.
aTS 291, ante, p. 307.
310
COMMERCE— NOVEMBER 19, 1902 311
take effect, and shall continue in force during the continuance in force of the
said Commercial Agreement signed May 22, 1899.
Done in duplicate in English and Portuguese texts at Washington this
nineteenth day of November, one thousand nine hundred and two.
John Hay [seal]
vlsconde de alte [seal]
308-582—73 22
ARBITRATION
Convention signed at Washington April 6, 1908
Senate advice and consent to ratification April 17, 1908
Ratified by Portugal September 21, 1908
Ratified by the President of the United States November 6, 1908
Ratifications exchanged at Washington November 14, 1908
Entered into force November 14, 1908
Proclaimed by the President of the United States December 14, 1908
Extended by agreements of June 28, 1913; 1 September 14, 1920; 2 and
September 5, 1923 3
Expired November 14, 1928
35 Stat. 2085; Treaty Series 514
The Government of the United States of America and the Government of
Portugal, signatories of the Convention for the pacific settlement of inter-
national disputes, concluded at The Hague on the 29th July, 1899; *
Taking into consideration that by Article XIX of that Convention the High
Contracting Parties have reserved to themselves the right of concluding
Agreements, with a view to referring to arbitration all questions which they
shall consider possible to submit to such treatment,
Have authorized the Undersigned to conclude the following arrangement :
Article I
Differences which may arise of a legal nature, or relating to the interpreta-
tion of treaties existing between the two Contracting Parties, and which it
may not have been possible to settle by diplomacy, shall be referred to the
Permanent Court of Arbitration established at The Hague by the Convention
of the 29th July, 1899, provided, nevertheless, that they do not affect the
vital interests, the independence, or the honor of either of the two Contracting
States, and do not concern the interests of third Parties.
*TS 601, post, p. 329.
2 TS 656, post, p. 336.
3 TS 735, post, p. 338.
4TS 392, ante, vol. 1, p. 230.
312
ARBITRATION— APRIL 6, 1908 313
Article II
In each individual case the High Contracting Parties, before appealing to
the Permanent Court of Arbitration, shall conclude a special Agreement de-
fining clearly the matter in dispute, the scope of the powers of the Arbitrators,
and the periods to be fixed for the formation of the Arbitral Tribunal and the
several stages of the procedure. It is understood that on the part of the United
States, such special agreements will be made by the President of the United
States by and with the advice and consent of the Senate thereof.
Article III
The present Convention is concluded for a period of five years, dating
from the day of the exchange of its ratifications.
Article IV
The present Convention shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof;
and by His Majesty the King of Portugal in accordance with the constitu-
tional laws of the Kingdom.
The ratifications of this Convention shall be exchanged at Washington as
soon as possible, and it shall take effect on the date of the exchange of its
ratifications.
Done in duplicate in the English and Portuguese languages at Washington,
this 6th day of April, one thousand nine hundred and eight.
Elihu Root [seal]
Alte [seal]
EXTRADITION
Convention and exchange of notes signed at Washington May 7, 1908
Senate advice and consent to ratification May 22, 1908
Ratified by Portugal September 21, 1908
Ratified by the President of the United States October 26, 1908
Ratifications exchanged at Washington November 14, 1908
Entered into force November 14, 1908
Proclaimed by the President of the United States December 14, 1908
35 Stat. 2071 ; Treaty Series 512
Convention
The United States of America and His Most Faithful Majesty the King
of Portugal and of the Algarves, having judged it expedient, with a view to the
better administration of justice and to the prevention of crimes within their
respective territories and jurisdictions, that persons convicted of or charged
with the crimes hereinafter specified, and being fugitives from justice, should,
under certain circumstances, be reciprocally delivered up, have resolved
to conclude a convention for that purpose, and have appointed as their
Plenipotentiaries :
The President of the United States of America, Elihu Root, Secretary of
State; and
His Most Faithful Majesty the King of Portugal and of the Algarves,
Viscount de Alte, His Envoy Extraordinary and Minister Plenipotentiary near
the Government of the United States of America ;
Who, after reciprocal communication of their full powers, found in good
and due form, have agreed upon the following articles, to wit :
Article I
It is agreed that the Government of the United States of America and the
Government of His Most Faithful Majesty the King of Portugal and of the
Algarves shall, upon mutual requisition duly made as herein provided, deliver
up to justice any person who may be charged with or may have been convicted
of any of the crimes specified in Article II of this Convention committed with-
in the jurisdiction of one of the Contracting Parties while said person was
314
EXTRADITION— MAY 7, 1908 315
actually within such jurisdiction when the crime was committed, and who
shall seek an asylum or shall be found within the territories of the other,
provided that such surrender shall take place only upon such evidence of
criminality, as according to the laws of the place where the fugitive or per-
son so charged shall be found, would justify his apprehension and commit-
ment for trial if the crime or offence had been there committed.
Article II
Persons shall be delivered up according to the provisions of this Convention,
who shall have been charged with or convicted of any of the following
crimes:
1. Murder, comprehending the crimes designated by the terms of par-
ricide, assassination, manslaughter, when voluntary ; poisoning or infanticide.
2. The attempt to commit murder.
3. Rape, abortion, carnal knowledge of children under the age of twelve
years.
4. Bigamy.
5. Arson.
6. Willful and unlawful destruction or obstruction of railroads, which
endangers human life.
7 . Crimes committed at sea :
( a ) Piracy, as commonly known and defined by the law of Nations, or by
Statute.
( b ) Wrongfully sinking or destroying a vessel at sea or attempting to do
so.
( c ) Mutiny or conspiracy by two or more members of the crew or other
persons on board of a vessel on the high seas, for the purpose of rebelling
against the authority of the captain or commander of such vessel, or by
fraud or violence taking possession of such vessel.
( d ) Assault on board ships upon the high seas with intent to do bodily
harm.
8. Burglary, defined to be the act of breaking into and entering the house
of another in the night time with intent to commit a felony therein.
9. The act of breaking into and entering the offices of the Government
and public authorities, or the offices of banks, banking houses, saving banks,
trust companies, insurance companies, or other buildings not dwellings with
intent to commit a felony therein.
10. Robbery, defined to be the act of feloniously and forcibly taking from
the person of another, goods or money by violence or by putting him in fear.
1 1 . Forgery or the utterance of forged papers.
12. The forging or falsification of the official acts of the Government or
public authority, including Courts of Justice, or the uttering or fraudulent
use of any of the same.
316 PORTUGAL
13. The fabrication of counterfeit money, whether coin or paper, coun-
terfeit titles or coupons of public debt, created by National, State, Provincial,
Territorial, Local or Municipal Governments, banknotes or other instru-
ments of public credit, counterfeit seals, stamps, dies and marks of State or
public administrations, and the utterance, circulation or fraudulent use of the
above mentioned objects.
14. Embezzlement or criminal malversation committed within the
jurisdiction of one or the other party by public officers or depositaries, where
the amount embezzled exceeds two hundred dollars or the equivalent in
Portuguese currency.
15. Embezzlement by any person or persons hired, salaried or employed,
to the detriment of their employers or principals, when the crime or offense is
punishable by imprisonment or other corporal punishment by the laws of
both countries, and where the amount embezzled exceeds two hundred
dollars or the equivalent in Portuguese currency.
1 6. Kidnapping of minors or adults, defined to be the abduction or deten-
tion of a person or persons, in order to exact money from them or their
families, or for any other unlawful end.
17. Larceny, defined to be the theft of effects, personal property, or
money, of the value of twenty-five dollars or more, or the equivalent in
Portuguese currency.
18. Obtaining money, valuable securities or other property by false
pretences or receiving any money, valuable securities or other property know-
ing the same to have been unlawfully obtained, where the amount of money
or the value of the property so obtained or received exceeds two hundred
dollars or the equivalent in Portuguese currency.
19. Perjury or subornation of perjury.
20. Fraud or breach of trust by a bailee, banker, agent, factor, trustee,
executor, administrator, guardian, director or officer of any company or
corporation, or by anyone in any fiduciary position, where the amount of
money or the value of the property misappropriated exceeds two hundred
dollars or the equivalent in Portuguese currency.
21. Crimes and offences against the laws of both countries for the sup-
pression of slavery and slave trading.
22. The extradition is also to take place for the participation in any of
the aforesaid crimes as an accessory before or after the fact, provided such
participation be punishable by imprisonment by the laws of both Contracting
Parties.
Article III
The provisions of this Convention shall not import claim of extradition
for any crime or offence of a political character, nor for acts connected with
such crimes or offences; and no person surrendered by or to either of the Con-
tracting Parties in virtue of this Convention shall be tried or punished for a
EXTRADITION— MAY 7, 1908 317
political crime or offence. When the offence charged comprises the act either
of murder or assassination or of poisoning, either consummated or attempted,
the fact that the offence was committed or attempted against the life of the
Sovereign or Head of a foreign State or against the life of any member of his
family, shall not be deemed sufficient to sustain that such a crime or offence
was of a political character, or was an act connected with crimes or offences
of a political character.
Article IV
No person shall be tried for any crime or offence other than that for which
he was surrendered.
Article V
A fugitive, accused or criminal, shall not be surrendered under the pro-
visions hereof, when, from lapse of time or other lawful cause, according to
the laws of the place within the jurisdiction of which the crime was com-
mitted, the criminal is exempt from prosecution or punishment for the offence
for which the surrender is asked.
Article VI
If a fugitive, accused or criminal, whose surrender may be claimed pursuant
to the stipulations hereof, be actually under prosecution, out on bail or in
custody, for a crime or offence committed in the country where he has sought
asylum, or shall have been convicted thereof, his extradition may be deferred
until such proceedings be determined, and until he shall have been set at
liberty in due course of law.
Article VII
If a fugitive, accused or criminal, claimed by one of the parties hereto, shall
be also claimed by one or more powers pursuant to treaty provisions, on
account of crimes committed within their jurisdiction, such criminal shall
be delivered to that State whose demand is first received.
Article VIII
Under the stipulations of this Convention, neither of the Contracting Par-
ties shall be bound to deliver up its own citizens or subjects.
Article IX
The expense of the arrest, detention, examination and transportation
of the accused or criminal shall be paid by the Government which has
preferred the demand for extradition.
Article X
Everything found in the possession of the fugitive, accused or criminal,
at the time of his arrest, whether being the proceeds of the crime or offence,
318 PORTUGAL
or which may be material as evidence in making proof of the crime, shall
so far as practicable, according to the laws of either of the Contracting
Parties, be delivered up with his person at the time of the surrender. Never-
theless, the rights of a third party with regard to the articles aforesaid shall
be duly respected.
Article XI
The stipulations of this Convention shall be applicable to all territory
wherever situated, belonging to either of the Contracting Parties or in the
occupancy and under the control of either of them, during such occupancy
or control.
Requisitions for the surrender of fugitives from justice shall be made by
the respective Diplomatic Agents of the Contracting Parties. In the event
of the absence of such Agents from the country or its seat of Government,
or where extradition is sought from a colonial possession of Portugal or
from territory, included in the preceding paragraph, other than the United
States, requisition may be made by superior Consular officers.
It shall be competent for such Diplomatic or superior Consular officers
to ask and obtain a mandate or preliminary warrant of arrest for the person
whose surrender is sought, whereupon the judges and magistrates of the
two Governments shall respectively have power and authority, upon com-
plaint made under oath, to issue a warrant for the apprehension of the
person charged, in order that he or she may be brought before such judge
or magistrate, that the evidence of criminality may be heard and considered ;
and if, on such hearing, the evidence be deemed sufficient to sustain the
charge, it shall be the duty of the examining judge or magistrate to certify
the same to the proper executive authority, that a warrant may issue for
the surrender of the fugitive.
If the fugitive criminal shall have been convicted of the crime for which
his surrender is asked, a copy of the sentence of the Court before which such
conviction took place, duly authenticated, shall be produced. If, however,
the fugitive is merely charged with crime, a duly authenticated copy of the
warrant of arrest in the country where the crime was committed, and of
the depositions upon which such warrant may have been issued, shall be
produced, with such other evidence or proof as may be deemed competent
in the case.
Article XII
If when a person accused shall have been arrested in virtue of the man-
date or preliminary warrant of arrest, issued by the competent authority
as provided in Article XI hereof, and been brought before a judge or a
magistrate to the end that the evidence of his or her guilt may be heard and
examined as hereinbefore provided, it shall appear that the mandate or
EXTRADITION— MAY 7, 1908 319
preliminary warrant of arrest has been issued in pursuance of a request or
declaration received by telegraph from the Government asking for the extra-
dition, it shall be competent for the judge or magistrate at his discretion to
hold the accused for a period not exceeding two months, so that the demand-
ing Government may have opportunity to lay before such judge or mag-
istrate legal evidence of the guilt of the accused, and if at the expiration
of the said period of two months such legal evidence shall not have been
produced before such judge or magistrate, the person arrested shall be
released, provided that the examination of the charges preferred against
such accused person shall not be actually going on.
Article XIII
In every case of a request made by either of the two Contracting Parties
for the arrest, detention or extradition of fugitives, criminal or accused,
the legal officers or fiscal ministry of the country where the proceedings of
extradition are had shall assist the officers of the Government demanding
the extradition before the respective judges and magistrates, by every legal
means within their or its power; and no claim whatever for compensation
for any of the services so rendered shall be made against the Government
demanding the extradition, provided, however, that any officer or officers
of the surrendering Government so giving assistance, who shall, in the usual
course of their duty, receive no salary or compensation other than specific
fees for services performed, shall be entitled to receive from the Government
demanding the extradition the customary fees for the acts or services per-
formed by them, in the same manner and to the same amount as though such
acts or services had been performed in ordinary criminal proceedings under
the laws of the country of which they are officers.
Article XIV
This Convention shall take effect from the day of the exchange of the
ratifications thereof; but either Contracting Party may at any time termi-
nate the same on giving to the other six months' notice of its intention to
do so.
The ratifications of the present convention shall be exchanged at Wash-
ington as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the above
articles, and have hereunto affixed their seals.
Done in duplicate at the city of Washington, this 7th day of May, one
thousand nine hundred and eight.
Elihu Root [seal]
Alte [seal]
320 PORTUGAL
Exchange of Notes
The Portuguese Minister to the Secretary of State
[TRANSLATION]
The undersigned Envoy Extraordinary and Minister Plenipotentiary of
His Most Faithful Majesty the King of Portugal and the Algarves has the
honor to inform the Secretary of State of the United States that he has been
instructed by His Excellency the Minister for Foreign Affairs of Portugal to
place on record on behalf of the Portuguese Government, with reference to
the Extradition Treaty which the Secretary of State and the undersigned have
just signed, its understanding that the Government of the United States as-
sures that the death penalty will not be enforced against criminals delivered
by Portugal to the United States for any of the crimes enumerated in the said
treaty, and that such assurance is, in effect, to form part of the treaty and will
be so mentioned in the ratifications of the treaty.
Visconde d'Alte
Washington, May 7, 1908
His Excellency Elihu Root
Secretary of State of the United
States of America
etc., etc., etc.
The Secretary of State to the Portuguese Minister
Washington, May 7, 1908
In signing to-day with the Envoy Extraordinary and Minister Pleni-
potentiary of His Most Faithful Majesty the King of Portugal and of the
Algarves the extradition treaty which was negotiated between the Govern-
ment of the United States and that of Portugal, the undersigned Secretary of
State has the honor to acknowledge and to take cognizance of the Minister's
note of this day's date stating that he has been instructed by His Excellency
the Minister for Foreign Affairs of Portugal to place on record, on behalf of
the Portuguese Government, its understanding that the Government of the
United States assures that the death penalty will not be enforced against
criminals delivered by Portugal to the United States for any of the crimes
enumerated in the said treaty, and that such assurance is, in effect, to form
part of the treaty and will be so mentioned in the ratifications of the treaty.
In order to make this assurance in the most effective manner possible, it is
agreed by the United States that no person charged with crime shall be
extraditable from Portugal upon whom the death penalty can be inflicted for
EXTRADITION— MAY 7, 1908 321
the offense charged by the laws of the jurisdiction in which the charge is
pending.
This agreement on the part of the United States will be mentioned in the
ratifications of the treaty and will in effect form part of the treaty.
Elihu Root
Visconde de Alte
Minister of Portugal
NATURALIZATION
Convention signed at Washington May 7, 1908
Senate advice and consent to ratification May 14, 1908
Ratified by Portugal September 2 1 , 1908
Ratified by the President of the United States November 6, 1908
Ratifications exchanged at Washington November 14, 1908
Entered into force November 14, 1908
Proclaimed by the President of the United States December 14, 1908
35 Stat. 2082; Treaty Series 513
The President of the United States of America and His Most Faithful
Majesty the King of Portugal and of the Algarves, led by the wish to regulate
the citizenship of those persons who emigrate from the United States of
America to the territories of Portugal, and from the territories of Portugal to
the United States of America, have resolved to treat on this subject, and have
for that purpose appointed Plenipotentiaries to conclude a Convention, that
is to say :
The President of the United States of America, Elihu Root, Secretary of
State; and
His Most Faithful Majesty the King of Portugal and of the Algarves, Vis-
count de Alte, His Envoy Extraordinary and Minister Plenipotentiary near
the Government of the United States of America ;
Who have agreed to and signed the following articles :
Article I
Subjects of Portugal who become naturalized citizens of the United States
of America and shall have resided uninterruptedly within the United States
five years shall be held by Portugal to be American citizens and shall be treated
as such. Reciprocally, citizens of the United States of America who become
naturalized subjects of Portugal and shall have resided uninterruptedly within
Portuguese territory five years shall be held by the United States to be
Portuguese subjects and shall be treated as such.
Article II
A recognized citizen of the one party on returning to the territory of the
other remains liable to trial and punishment for an action punishable by the
322
NATURALIZATION— MAYi 7, 1908 323
laws of his original country, and committed before his emigration, but not
for the emigration itself, saving always the limitation established by the laws
of his original country, and any other remission of liability to punishment.
The infraction of the legal provisions which in the country of origin regulate
emigration shall not be held, for the purposes of this article, as pertaining to
the emigration itself and, therefore, the transgressors of those provisions who
return to the country of their origin are there liable to trial on account of any
and whatever responsibility they may have incurred through such infraction.
Article III
If a Portuguese subject naturalized in America, renews his residence in
Portugal, without intent to return to America, he shall be held to have
renounced his naturalization in the United States. Reciprocally, if an
American naturalized in Portugal renews his residence in the United States,
without intent to return to Portugal, he shall be held to have renounced his
naturalization in Portugal.
The intent not to return may be held to exist when the person naturalized in
one country resides more than two years in the other country.
Article IV
The present Convention is concluded for a period of five years, dating from
the day of the exchange of its ratifications, but if neither party shall have
given to the other six months previous notice of its intention to terminate the
same, it shall continue in force till six months after one of the contracting
parties shall have notified the other of its intention to do so.
The ratifications of the present Convention shall be exchanged at Wash-
ington, as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed the above
articles and have hereunto affixed their seals.
Done in duplicate at Washington this seventh day of May one thousand
nine hundred and eight.
Elihu Root [seal]
Alte [seal]
COMMERCIAL RELATIONS
Exchanges of notes at Washington June 28, 1910
Entered into force June 28, 1910
Modified by understanding of May 18 and August 26, 1946 1
Treaty Series 514 1/2
The Portuguese Minister to the Acting Secretary of State
[translation]
The undersigned, Envoy Extraordinary and Minister Plenipotentiary of
His Majesty the King of Portugal and of the Algarves, duly authorized to
that effect by his Government, has the honour to notify His Excellency the
Acting Secretary of State of the United States of America, that, in view of
the issuance by the President of the United States of America of the procla-
mations of January 29th, 1910 2 and of February 21st, 1910 3 extending to
imports into the United States of America from the Kingdom of Portugal
and the Azores and Madeira islands and from the Portuguese possessions,
the benefit of the complete minimum tariff of the United States of America,
it having been ascertained that no undue discrimination was being exercised
in the Kingdom of Portugal, the Azores and Madeira islands or the Portu-
guese possessions, against the United States of America or the products
thereof, and the principle of special concessions by Portugal to Spain and
Brazil having thus been recognized, the Portuguese Government has decided
to grant the citizens, merchandise and ships of the United States of America
the same treatment in Portugal and her possessions as that accorded to the
citizens, merchandise and ships of the most favoured nation on the condi-
tion that the subjects, merchandise and ships of Portugal and of her posses-
sions will likewise be treated in the United States of America in the same
manner as those of the most favoured nations.
lrTIAS 1572, post, p. 360.
2 36 Stat. 2519.
3 36 Stat. 2543.
324
COMMERCIAL RELATIONS— JUNE 28, 1910 325
The undersigned avails himself of this opportunity in order to convey to
the Honourable the Acting Secretary of State of the United States the re-
newed assurances of his highest consideration.
Viscount d'Alte
Washington, June 28, 1910
The Honorable Huntington Wilson
Acting Secretary of State
etc., etc., etc.
The Acting Secretary of State to the Portuguese Minister
The undersigned, Acting Secretary of State of the United States of Amer-
ica, has the honor to acknowledge the receipt of the note of today's date in
which His Excellency the Envoy Extraordinary and Minister Plenipotentiary
of His Majesty the King of Portugal and of the Algarves, has been good
enough to inform him that :
in view of the issuance by the President of the United States of America
of the proclamations of January 29th, 1910, and of February 21st, 1910,
extending to imports into the United States of America from the King-
dom of Portugal, the Azores and Madeira islands and from the Portu-
guese possessions, the benefit of the complete minimum tariff of the
United States of America, it having been ascertained that no undue
discrimination was being exercised in the Kingdom of Portugal, the
Azores and Madeira islands or the Portuguese possessions, against the
United States of America or the products thereof, and the principle of
special concessions by Portugal to Spain and Brazil having thus been
recognized, the Portuguese Government has decided to grant the citi-
zens, merchandise, and ships of the United States of America the same
treatment in Portugal and her possessions as that accorded to the citi-
zens, merchandise, and ships of the most favoured nations on the con-
dition that the subjects, merchandise, and ships of Portugal and of her
possessions will likewise be treated in the United States of America in the
same manner as those of the most favoured nations.
Taking note of this declaration the undersigned hastens to declare, in the
name of the Government of the United States of America, that the subjects,
merchandise, and ships of Portugal and of her possessions will be treated in
the United States of America in the same manner as those of the most fa-
voured nations.
326 PORTUGAL
The undersigned begs His Excellency the Envoy Extraordinary and Min-
ister Plenipotentiary of His Majesty the King of Portugal and of the Algarves
to accept the renewed assurances of his highest consideration.
Huntington Wilson
Acting Secretary of State
Washington, June 28, 1910
His Excellency the Envoy Extraordinary and
Minister Plenipotentiary of His Majesty the
King of Portugal and of the Algarves
etc., etc., etc.
The Acting Secretary of State to the Portuguese Minister
The undersigned, Acting Secretary of State of the United States of Amer-
ica, wishes to place it on record that, his attention having been called, on
the occasion of the exchange of notes respecting the reciprocal concession
of the most favoured nation treatment to the citizens, merchandise and ships
of the two countries, by His Excellency the Envoy Extraordinary and Minis-
ter Plenipotentiary of His Majesty the King of Portugal and of the Algarves,
to the final protocol annexed to the treaty of commerce recently concluded
between Portugal and Germany whereby the names of "Porto" and "Ma-
deira" are recognized as being strictly designations of origin and whereby it
is agreed to prevent the sale in the German Empire under these names of
wines not originally from the Portuguese districts of Douro and of the island
of Madeira, he hastens, in relation to this subject, to declare that the Govern-
ment of the United States of America will fully exercise the powers vested
in it by law in order to protect in the United States of America the names
"Porto" and "Madeira"; and that, with this end in view, it will apply strictly
laws and rulings forbidding the labelling or branding of wine so as to de-
ceive or mislead the purchaser concerning the nature or the origin of the
product.
It is also understood that, should the Congress of the United States act on
the recommendation of the President in regard to ship subsidies, the Gov-
ernment of the United States of America will favour the establishment of a
subsidized line of steamships plying directly between the United States and
Portugal.
The Acting Secretary of State of the United States of America begs His
Excellency the Envoy Extraordinary and Minister Plenipotentiary of His
COMMERCIAL RELATIONS— JUNE 28, 1910 327
Majesty the King of Portugal and of the Algarves to accept the renewed as-
surances of his highest consideration.
Huntington Wilson
Acting Secretary of State
Washington, June 28, 1910
To His Excellency the Envoy Extraordinary and
Minister Plenipotentiary of His Majesty the
King of Portugal and of the Algarves
The Portuguese Minister to the Acting Secretary of State
[translation]
The undersigned, Envoy Extraordinary and Minister Plenipotentiary of
His Majesty the King of Portugal and of the Algarves, has the honour to
acknowledge the receipt of the note of this date by which His Excellency
the Acting Secretary of State of the United States of America is good
enough to inform him that :
his attention having been called, on the occasion of the exchange of
notes respecting the reciprocal concession of the most favoured nation
treatment to the citizens, merchandise and ships of the two countries,
to the final protocol annexed to the treaty of commerce recently con-
cluded between Portugal and Germany whereby the names of "Porto"
and "Madeira" are recognized as being strictly designations of origin,
and whereby it is agreed to prevent the sale in the German Empire un-
der these names of wines not originally from the Portuguese districts
of Douro and the island of Madeira, he hastens, in relation to this
subject, to declare that the Government of the United States of America
will fully exercise the powers vested in it by law in order to protect in the
United States of America the names "Porto" and "Madeira", and that,
with this end in view, it will apply strictly laws and rulings forbidding
the labelling or branding of wine so as to deceive or mislead the pur-
chaser concerning the nature or origin of the product; and that it is
also understood that, should the Congress of the United States act on
the recommendation of the President in regard to ship subsidies, the
Government of the United States of America will favour the establish-
ment of a subsidized line of steamships plying directly between the
United States and Portugal.
The undersigned having taken due note, in the name of his Government,
of these declarations of the Honourable the Acting Secretary of State of
328 PORTUGAL
the United States of America, avails himself of this opportunity in order to
convey to His Excellency the renewed assurances of his highest consideration.
Viscount d'Alte
Washington, June 28, 1910
To His Excellency the Honourable
the Acting Secretary of State of the
United States of America,
etc., etc., etc.
ARBITRATION
Agreement signed at Washington June 28, 1913, extending convention
of April 6, 1908
Senate advice and consent to ratification February 21 , 1914
Ratified by the President of the United States April 14, 1914
Ratified by Portugal September 26, 1914
Ratifications exchanged at Washington October 24, 1914
Entered into force October 24, 1914; operative from November 14, 1913
Proclaimed by the President of the United States October 27, 1914
Expired November 14, 1918
38 Stat. 1851 ; Treaty Series 601
The Government of the United States of America and the Government of
the Portuguese Republic, being desirous of extending the period of five years
during which the Arbitration Convention concluded between them on
April 6, 1908,1 is to remain in force, which period is about to expire, have
authorized the undersigned to conclude the following agreement :
Article I
The Convention of Arbitration of April 6, 1908, between the Govern-
ment of the United States of America and the Government of Portugal,
the duration of which by Article III thereof was fixed at a period of five
years from the day of the exchange of its ratifications, which period will
terminate on November 14, 1913, is hereby extended and continued in
force for a further period of five years from November 14,1913.
Article II
The present Agreement shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof,
and by the President of the Portuguese Republic, in accordance with the
constitutional laws of the Republic, and it shall become effective upon the
1 TS 514, ante, p. 312.
329
330 PORTUGAL
date of the exchange of ratifications, which shall take place at Washington as
soon as possible.
Done in duplicate, in the English and Portuguese languages, at Wash-
ington this 28th day of June one thousand nine hundred and thirteen.
William Jennings Bryan [seal]
Alte [seal]
ADVANCEMENT OF PEACE
Treaty signed at Lisbon February 4, 1914
Senate advice and consent to ratification August 13, 1914
Ratified by Portugal September 26, 1914
Ratified by the President of the United States October 21, 1914
Ratifications exchanged at Washington October 24, 1914
Entered into force October 24, 1914
Proclaimed by the President of the United States October 27, 1914
Modified by agreement of November 16, 1915 *
38 Stat. 1847 ; Treaty Series 600
The President of the United States of America and the President of the
Portuguese Republic, being desirous to strengthen the bonds of amity that
bind them together and also to advance the cause of general peace, have re-
solved to enter into a treaty for that purpose, and to that end have appointed
as their Plenipotentiaries :
The President of the United States of America: His Excellency Colonel
Thomas H. Birch, Envoy Extraordinary and Minister Plenipotentiary of the
United States of America near the Portuguese Republic ;
The President of the Portuguese Republic: His Excellency Dr. Antonio
Caetano Madeira Junior, Minister for Foreign Affairs;
Who, after having communicated to each other their respective full powers,
found to be in proper form, have agreed upon and concluded the following
articles :
Article I
The High Contracting Parties agree that all disputes between them, of
every nature whatsoever, to the settlement of which previous arbitration
treaties or agreements do not apply in their terms or are not applied in fact,
shall, when diplomatic methods of adjustment have failed, be referred for
investigation and report to a permanent International Commission, to be
constituted in the manner prescribed in the next succeeding article ; and they
1 TS 600-A, post, p. 334.
331
332 PORTUGAL
agree not to declare war or begin hostilities during such investigation and be-
fore the report is submitted.
Article II
The International Commission shall be composed of five members, to be
appointed as follows: One member shall be chosen from each country, by
the Government thereof; one member shall be chosen by each Government
from some third country; the fifth member shall be chosen by common agree-
ment between the two Governments, it being understood that he shall not be
a citizen of either country. The expenses of the Commission shall be paid by
the two Governments in equal proportion.
The International Commission shall be appointed within six months after
the exchange of the ratifications of this treaty ; and vacancies shall be filled
according to the manner of the original appointment.
Article III
In case the High Contracting Parties shall have failed to adjust a dispute
by diplomatic methods, they shall at once refer it to the International Com-
mission for investigation and report. The International Commission may,
however, spontaneously offer its services to that effect, and in such case
it shall notify both Governments and request their cooperation in the
investigation.
The High Contracting Parties agree to furnish the Permanent Interna-
tional Commission with all the means and facilities required for its investiga-
tion and report.
The report of the International Commission shall be completed within
one year after the date on which it shall declare its investigation to have
begun, unless the High Contracting Parties shall limit or extend the time by
mutual agreement. The report shall be prepared in triplicate ; one copy shall
be presented to each Government, and the third retained by the Commission
for its files.
The High Contracting Parties reserve the right to act independently on the
subject matter of the dispute after the report of the Commission shall have
been submitted.
Article IV
The present treaty shall be ratified by the President of the United States
of America, by and with the advice and consent of the Senate thereof; and
by the President of the Portuguese Republic in accordance with the constitu-
tional laws of the Republic ; and the ratifications shall be exchanged as soon
as possible. It shall take effect immediately after the exchange of ratifications,
and shall continue in force for a period of five years; and it shall thereafter
remain in force until twelve months after one of the High Contracting Parties
have given notice to the other of an intention to terminate it.
ADVANCEMENT OF PEACE— FEBRUARY 4, 1914 333
In witness whereof the respective Plenipotentiaries have signed the present
treaty and have affixed thereunto their seals.
Done in duplicate, in the english and portuguese languages, at Lisbon, this
4th day of February one thousand nine hundred and fourteen.
Thos. H. Birch [seal]
Antonio Caetano Macieira Junior [seal]
ADVANCEMENT OF PEACE
Exchange of notes at Washington November 16, 1915, modifying treaty
of February 4, 1914
Entered into force November 16, 1915
Expired April 24, 1916
Treaty Series 600-A
The Secretary of State to the Minister of Portugal
Department of State
Washington, November 16, 1915
Sir:
The time specified in the Treaty of February 4, 1914,1 between the United
States and Portugal, looking to the advancement of the general cause of
peace, for the appointment of the International Commission having expired,
without the United States non-national Commissioner, the Portuguese Com-
missioners and the Joint Commissioner being named, I have the honor to
suggest for the consideration of your Government that the time within which
the organization of the Commission may be completed be extended from
April 24, 1915 to April 24, 1916.
Your formal notification in writing, of the same date as this, that your
Government receives the suggestion favorably, will be regarded on this
Government's part as sufficient to give effect to the extension, and I shall be
glad to receive your assurance that it will be so regarded by your Govern-
ment also.
Accept, Sir, the renewed assurances of my highest consideration.
Robert Lansing
Viscount de Alte
The Minister of Portugal
1 TS 600, ante, p. 331.
334
ADVANCEMENT OF PEACE— NOVEMBER 16, 1915 335
The Portuguese Minister to the Secretary of State
Legaqao de Portugal
nos estados unidos
Washington, November 16th, 1915
Sir:
I have the honour to acknowledge the receipt of your note of today's date
suggesting the extension from April 24, 1915, to April 24, 1916, of the time
within which the organization of the International Commission provided for
in the Treaty of February 4, 1914, between Portugal and the United States
looking to the advancement of the general cause of peace, may be completed.
I have the honour to inform you that the Portuguese Government fully
concur with the suggestion made by the American Government and that this
exchange of notes will be regarded by them as sufficient to give effect to the
extension.
I avail myself of this opportunity in order to convey to you, Sir, the renewed
assurance of my highest consideration.
Alte
The Honourable Robert Lansing
Secretary of State
etc., etc., etc.
308-582—73- 23
ARBITRATION
Agreement signed at Lisbon September 14, 1920, extending convention
of April 6, 1908, as extended
Senate advice and consent to ratification March 7, 1921
Ratified by the President of the United States March 22, 1921
Ratified by Portugal September 16, 1921
Ratifications exchanged at Lisbon September 29, 1921
Entered into force September 29, 1921; operative from November 14,
1918
Proclaimed by the President of the United States October 31, 1921
Expired November 14, 1923
42 Stat. 1937 ; Treaty Series 656
The Government of the United States of America and the Government of
the Portuguese Republic, being desirous of extending for another five years
the period during which the Arbitration Convention concluded between them
on April 6, 1908,1 extended by the Agreement concluded between the two
Governments on June 28, 19 13,2 shall remain in force, have authorized the
undersigned, to wit :
The President of the United States of America :
His Excellency Colonel Thomas H. Birch, Envoy Extraordinary and
Minister Plenipotentiary of the United States of America near the Portuguese
Republic,
The President of the Portuguese Republic :
His Excellency Joao Carlos de Melo Barreto, Minister for Foreign Affairs.
to conclude the following Agreement :
Article I
The Convention of Arbitration of April 6, 1908, between the Government
of the United States of America and the Government of Portugal, the dura-
tion of which by Article III thereof was fixed at a period of five years from the
date of the exchange of ratifications of the said Convention on November 14,
1908, which period, by the Agreement of June 28, 1913, between the two
^SSK, ante, p. 312.
'TSGOl.an^p. 329.
336
ARBITRATION— SEPTEMBER 14, 1920 337
Governments, was extended for five years from November 14, 1913, is hereby
renewed and continued in force for a further period of five years from Novem-
ber 14, 1918.
Article II
The present Agreement shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof,
and by the President of the Portuguese Republic, in accordance with the con-
stitutional laws of the Republic, and it shall become effective upon the date
of the exchange of ratifications, which shall take place at Lisbon as soon as
possible.
Done in duplicate, in the english and portuguese languages, at Lisbon, this
fourteenth day of September one thousand nine hundred and twenty.
Thos. H. Birch
Joao Carlos de Mello Barreto
ARBITRATION
Agreement and exchange of notes signed at Washington September 5,
1923, extending convention of April 6, 1908, as extended
Senate advice and consent to ratification January 7, 1924
Ratified by Portugal February 26, 1926
Ratified by the President of the United States April 8, 1926
Ratifications exchanged at Washington April 16, 1926
Entered into force April 16, 1926; operative from November 14, 1923
Proclaimed by the President of the United States April 16, 1926
Expired November 14, 1928
44 Stat. 2376; Treaty Series 735
Agreement
The Government of the United States of America and the Government of
the Portuguese Republic being desirous of extending for another five years
the period during which the Arbitration Convention concluded between them
on April 6, 1908,1 and extended by the Agreements concluded between the
two Governments on June 28, 1913 2 and September 14, 1920,* shall remain
in force, have authorized the undersigned to conclude the following
Agreement :
Article I
The Convention of Arbitration of April 6, 1908, between the Government
of the United States of America and the Government of Portugal, the dura-
tion of which by Article III of the said Convention was fixed at a period of
five years from the date of the exchange of ratifications thereof, which period,
by the Agreement of June 28, 1913, between the two Governments, was ex-
tended for five years from November 14, 1913, and was further extended for
a period of five years from November 14, 1918, by the Agreement concluded
by the two Governments on September 14, 1920, is hereby renewed and con-
tinued in force for a further period of five years from November 14, 1923.
1 TS 514, anf<?, p. 312.
'TS 601, ante, p. 329.
* TS 656, ante, p. 336.
338
ARBITRATION— SEPTEMBER 5, 1923 339
Article II
The present Agreement shall be ratified by the Government of the United
States of America and by the Government of the Portuguese Republic in
accordance with their respective constitutional methods, and it shall become
effective upon the date of the exchange of ratifications, which shall take place
at Washington as soon as possible.
Done in duplicate, in the English and Portuguese languages, at Washington,
this 5th day of September one thousand nine hundred and twenty-three.
William Phillips [seal]
Alte [seal]
Exchange of Notes
The Acting Secretary of State to the Portuguese Minister
Department of State
Washington, September 5, 1923
Sir:
In connection with the signing today of an agreement for the renewal
of the Convention of Arbitration concluded between the United States and
Portugal, April 6, 1908, and renewed from time to time, I have the honor,
in pursuance of the note of July 26, 1923, of the Secretary of State, and your
note of August 8, 1923, to state the following understanding which I shall be
glad to have you confirm on behalf of your Government.
On February 24 last the President proposed to the Senate that it consent
under certain stated conditions to the adhesion by the United States to the
Protocol of December 16, 1920, under which the Permanent Court of Inter-
national Justice has been created at The Hague. As the Senate does not con-
vene in its regular session until December next, action upon this proposal will
necessarily be delayed. In the event that the Senate gives its assent to the
proposal, I understand that the Government of the Portuguese Republic will
not be averse to considering a modification of the Convention of Arbitration
which we are renewing, or the making of a separate agreement, under which
the disputes mentioned in the Convention could be referred to the Permanent
Court of International Justice.
Accept, Sir, the renewed assurances of my highest consideration.
William Phillips
Acting Secretary of State
Viscount d'Alte,
Minister of Portugal.
340 PORTUGAL
The Portuguese Minister to the Acting Secretary of State
[translation]
LEGATION OF PORTUGAL TO THE
UNITED STATES
Washington, September 5, 1923
Mr. Secretary of State :
Under instructions from His Excellency the Minister for Foreign Affairs
of the Portuguese Republic, I have the honour to confirm your understand-
ing of the attitude of the Government of the Republic with reference to the
point mentioned in your note of this date and to state that, should the Senate
of the United States approve the President's proposal the Government of the
Portuguese Republic will be prepared to consider with the United States
Government the conclusion of an agreement for the reference to the Perma-
nent Court of International Justice of disputes mentioned in the Arbitration
Convention between'the two countries.
Accept, Sir, the renewed assurance of my highest consideration.
Alte
His Excellency
William Phillips
Acting Secretary of State of
the United States of America
etc., etc., etc.
NARCOTIC DRUGS
Exchange of notes at Lisbon February 11, 1928, and February 22, 1929
Entered into force February 22, 1929
Department of State files
The American Minister to the Minister of Foreign Affairs
American Legation
Lisbon, Portugal
no. 696 February 11, 1928
Excellency :
I have the honor to inform Your Excellency that my Government being
concerned to bring about stricter control of the illicit traffic in narcotic drugs,
desires to effect a closer co-operation between the competent administrative
officials of the United States and of Portugal.
I, therefore, have the honor to ask that Your Excellency may very kindly
help in this by arranging that the appropriate office of the Portuguese Gov-
ernment may exchange directly with the Treasury Department of the United
States information and evidence in respect of persons engaged in the illicit
traffic of narcotics. This exchange would include such information as photo-
graphs, criminal records, finger-prints, Bertillon measurements, description
of methods which the persons in question had been found to use, the places
from which they have operated, the partners they have worked with, etc., etc.
And also, for the direct and immediate forwarding by letter or cable of
information as to suspected movement of narcotic drugs, or of those persons
involved in smuggling such drugs where such movements might concern
Portugal. And further, for mutual co-operation between Portuguese and
American officials in detective and investigation work. Unless such informa-
tion reaches its destination directly and speedily it is useless.
In case Your Excellency may, as I hope, be disposed to lend your powerful
aid to the furthering of such a direct exchange between the competent offi-
cials of our two Governments, I have the honor to inform Your Excellency
that the official of the Treasury Department who would have charge for the
American Government of this co-operation in the suppressing of the illicit
341
342 PORTUGAL
traffic in narcotics, is Colonel L. G. NUTT, whose mail and telegraph address
is:
Deputy Commissioner in Charge of Narcotics,
Treasury Department,
Washington, D.C.
If the proposed arrangement meets with the approval of Your Excellency's
Government, I have the honor to ask to be informed of the name and desig-
nation of the Portuguese official with whom Colonel L. G. Nutt should com-
municate, which I am instructed by my Government to transmit by telegraph.
I avail myself of the opportunity to renew to Your Excellency the assur-
ances of my highest consideration.
Fred Morris Dearing
His Excellency
Dr. Bettencourt Rodrigues
Minister for Foreign Affairs
Lisbon
The Minister of Foreign Affairs to the American Minister
[translation]
NodiI8'8ProcNo-43 Lisbon, February 22, 1929
Mr. Minister:
With reference to Your Excellency's Note No. 696 of February 11, 1928,
I have the honor to inform Your Excellency that the Portuguese Government
has decided with the greatest interest to accept the proposals of the Govern-
ment of the United States of America, towards making a closer cooperation
between the competent administrative authorities of Portugal and of the
United States with a view to bringing about stricter control of the traffic in
narcotic drugs.
I am only now in a position to bring to Your Excellency the acquiescence
of the Portuguese Government to the proposals of the Government of the
United States, because the services which it was necessary to organize for the
efficient repression of that traffic are only now beginning to function. The
Government of the Republic had not realized the necessity for the urgency
for organizing those services, because the vice of narcotic drugs and the
traffic therein, is practically non-existent in Portugal. It is a service which
we organize more to follow the procedure of foreign entities and to cooperate
with them, than for our own use, which happily will seldom be applied here.
In these circumstances the Portuguese official with whom Colonel L. G. Nutt,
Deputy Commissioner in Charge of Narcotics, Treasury Department, Wash-
ington, may directly correspond, is, in so far as it refers to the Continent of
NARCOTIC DRUGS— FEB. 11, 1928, AND FEB. 22, 1929 343
Portugal, Professor Raul Lupi Nogueira, Chief Inspector of Pharmaceutical
Practice, General Direction of Health, Ministry of the Interior, Lisbon. This
official will endeavor in future to secure photographs, finger prints, and other
information as requested in Your Excellency's Note under reference.
I avail myself of this opportunity to renew to Your Excellency the assur-
ance of my high consideration.
Manuel Carlos Q. Meyrelles
308-582—73 24
ARBITRATION
Treaty signed at Washington March 1, 1929
Senate advice and consent to ratification May 22, 1929
Ratified by the President of the United States June 4, 1929
Ratified by Portugal August 5, 1929
Ratifications exchanged at Washington October 31, 1929
Entered into force October 31, 1929
Proclaimed by the President of the United States October 31, 1929
46 Stat. 2421 ; Treaty Series 803
The Government of the United States of America and the Government of
the Republic of Portugal
Determined to prevent so far as in their power lies any interruption in the
peaceful relations that have always existed between the two nations;
Desirous of reaffirming their adherence to the policy of submitting to im-
partial decision all justiciable controversies that may arise between them; and
Eager by their example not only to demonstrate their condemnation of
war as an instrument of national policy in their mutual relations, but also to
hasten the time when the perfection of international arrangements for the
pacific settlement of international disputes shall have eliminated forever the
possibility of war among any of the Powers of the world ;
Have decided to conclude a new treaty of arbitration enlarging the scope
and obligations of the arbitration convention signed at Washington on
April 6, 1908,1 which expired by limitation on November 14, 1928, and for
that purpose they have authorized the undersigned to conclude the following
Articles :
Article I
All differences relating to international matters in which the High Con-
tracting Parties are concerned by virtue of a claim of right made by one
against the other under treaty or otherwise, which it has not been possible to
adjust by diplomacy, which have not been adjusted as a result of reference to
the Permanent International Commission constituted pursuant to the treaty
signed at Lisbon, February 4, 19 14,2 and which are justiciable in their nature
1TS514, ante,-p. 312.
s TS 600s anfe, p. 331.
344
ARBITRATION— MARCH 1, 1929 345
by reason of being susceptible of decision by the application of the prin-
ciples of law or equity, shall be submitted to the Permanent Court of Arbitra-
tion established at The Hague by the Convention of October 18, 1907,3 or
to some other competent tribunal, as shall be decided in each case by spe-
cial agreement, which special agreement shall provide for the organization of
such tribunal if necessary, define its powers, state the question or questions at
issue, and settle the terms of reference.
The special agreement in each case shall be made on the part of the United
States of America by the President of the United States of America by and
with the advice and consent of the Senate thereof, and on the part of Portugal
by the President of the Republic of Portugal after its enactment by law or
by Decree with force of law.
Article II
The provisions of this treaty shall not be invoked in respect of any dispute
the subject matter of which
(a) is within the domestic jurisdiction of either of the High Contracting
Parties,
(b) involves the interests of third Parties,
(c) depends upon or involves the maintenance of the traditional attitude
of the United States concerning American questions, commonly described
as the Monroe Doctrine,
(d) depends upon or involves the observance of the obligations of
Portugal in accordance with the Covenant of the League of Nations.4
Article III
The present treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate thereof, and by
the President of the Republic of Portugal after its enactment by law or by
Decree with the force of law.
The ratifications shall be exchanged at Washington as soon as possible, and
the treaty shall take effect on the date of the exchange of the ratifications. It
shall thereafter remain in force continuously unless and until terminated by
one year's written notice given by either High Contracting Party to the other.
In faith whereof the undersigned have signed this treaty in duplicate in the
English and Portuguese languages, both texts having equal force, and here-
unto affixed their seals.
Done at Washington the first day of March in the year one thousand nine
hundred and twenty-nine.
Frank B. Kellogg [seal]
Alte [seal]
3 TS 536, ante, vol. l,p. 577.
4 Ante, vol. 2, p. 48.
PROSECUTION OF THE WAR
Exchange of notes, agreement, and supplementary exchange of notes
signed at Lisbon November 28, 1944
Entered into force November 28, 1944
Terminated June 2, 1946
[For text, see 2 UST 2124; TIAS 2338.]
346
OPERATION OF AIR TRANSPORT COMMAND
THROUGH PORTUGUESE TERRITORY
Exchange of notes at Lisbon March 27, 1945, with text of agreement
and annex
Entered into force March 27, 1945
Expired June 30, 1946
Department of State files
The American Charge d: 'Affaires ad interim to the Minister
of Foreign Affairs
no. 07i Lisbon, March 27, 1945
Excellency :
The Governments of the United States of America and of Portugal, hav-
ing concluded an Agreement upon the terms for the operation through
Portuguese territory in Europe of the Air Transport Command service,
I have the honor, acting upon instructions from my Government, to con-
firm that the enclosed document and annex thereto constitute the above-
mentioned Agreement which will take effect immediately upon this exchange
of notes between us.
Please accept, Excellency, the renewed assurances of my highest
consideration.
Edward S. Crocker
His Excellency
Dr. Antonio de Oliveira Salazar
Minister for Foreign Affairs
Lisbon
[agreement]
Considering the terms of the request of January 25, 1945, whereby the
Government of the United States seeks landing rights in Lisbon for A.T.C.
aircraft in the European service ;
Considering President Roosevelt's decree of 24 October 1944 in which
he authorized those (A.T.C.) aircraft to augment its existing service by
taking over civil transport under regulations similar to those applicable to
347
348 PORTUGAL
aircraft of private enterprises, for as long a period as these latter enterprises
are unable to satisfy the necessities of commercial traffic; and
Considering, on the other hand, the Portuguese Government's pledge
to aid, whenever the rendering of aid is possible in the prosecution of the
policy it has always defended and supported, activities of relief or recon-
struction in areas affected by the war and the reestablishment of economic
or other activities disorganized by the war and which are necessary to the
rapid restoration of normal peacetime conditions ;
The Portuguese Government and the Government of the United States
agree on the following :
1 . A.T.C. aircraft coming from North America to Europe and returning,
for the above ends, are permitted to fly over Portuguese territory on the
European continent under the following terms :
1st) In flights over Portuguese territory in Europe planes must land
in Lisbon ;
2nd) They shall not discharge or load passengers or freight except at
the request or with the consent of the Portuguese Government in each case;
3rd) They shall pay those charges established by Portuguese laws and
regulations which correspond to the services utilized, on a non-discriminatory
basis;
4th ) They shall be unarmed and the crews shall be civilian.
2. Notwithstanding the stipulation in the existing agreement relative to
the Santa Maria airport, which continues in full force, the Portuguese Gov-
ernment, in view of the very special governmental character of the service
entrusted to A.T.C. which is the object of the present agreement, gives its
consent during the life of the latter that the aircraft referred to in the
preceding article which have to land in the Azores and are intended even-
tually to form connections through Europe with the orient may by special
exception utilize that airport.
3. Recognizing, for the execution of this agreement, the necessity of
constructing certain repair shop or spare parts storage facilities, installing
certain equipment, or making certain general improvements, the Portuguese
Government shall, in the shortest possible time, meet these requirements.
For the utilization of these installations there shall be levied such charges
or rents as may be established by the Portuguese Government on a non-
discriminatory basis.
For the execution of the work outlined in the first paragraph of this article,
the United States Government agrees to render all aid necessary to the
Portuguese Government for the acquisition of the required machinery, equip-
ment and materials.
4. The protective services of radio and meteorology shall be Portuguese
under the conditions as set forth in the preceding article; the United States
AIR TRANSPORT COMMAND— MARCH 27, 1945 349
Government agrees to authorize the Portuguese Government to contract
such specialized technical personnel as may be considered necessary, both
for the installation and subsequent operation of the required equipment.
5. Spare parts and, in general, all material inherent to aircraft will re-
main in customs bond since they are not for national use.
6. Transit traffic, since it does not leave the zone of customs control,
will not be subject to the payment of customs duties; as for police formalities
there will be accorded a special system of facilities.
7. The A.T.C. will be authorized to employ its own ground service
crews who will be subject to the general airport discipline rules.
8. This accord will remain in force until 30 June 1946 unless the traffic
can be turned over to private enterprises before this date.
If the traffic is returned to private enterprise before that date, this accord
shall terminate as of date of such return.
Lisbon, March 27, 1945
ANNEX TO AGREEMENT
In view of the transitory and exceptional nature of this service, the Portu-
guese Government shall agree with the United States Government to safe-
guard the security of the equipment furnished, in accordance with its classifi-
cation, and of the communications which are to be used only for the service of
A.T.C. aircraft.
All meteorological data that can be released without prejudice to security
will be furnished currently and promptly to the appropriate Portuguese
authority.
All communications equipment not of a strictly secret character which has
not been already acquired by the Portuguese Government in accordance with
Articles 3 and 4 of the Agreement will be turned over to the Portuguese
Government upon the termination of this Agreement at a reasonable cost
price to be fixed by the two Governments. During the life of this Agreement,
Portuguese technicians will be given full instructions with reference to the
use and operation of such equipment.
Lisbon, March 27, 1945
The Minister of Foreign Affairs to the American Charge a" Affaires ad interim
[TRANSLATION]
Lisbon, March 27, 1945
Mr. Charge d'affaires:
The Governments of Portugal and the United States having, pursuant to
the request submitted by the latter, concluded an agreement upon the terms on
350 PORTUGAL
which the project of the Air Transport Command may be carried out across
Portuguese territory in Europe, I inform Your Excellency that, on the part
of the Portuguese Government, the above-mentioned agreement is contained
in the enclosed document and the note annexed thereto, which are to take
effect on the date of the present note and another identical one from Your
Excellency in the name of the United States Government.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest consideration.
Antonio de Oliveira Salazar [seal]
Mr. E. S. Crocker
Charge d' Affaires ad interim
of the United States of America
Lisbon
[For text of agreement and annex, see U.S. note, above.]
AIR TRANSPORT SERVICES
Agreement, with annex and exchange of notes, signed at Lisbon
December 6, 1945
Entered into force December 6, 1945
Annex amended by agreements of June 28, 1947? November 11, 1952?
and May 30, 1970 3
59 Stat. 1846; Executive Agreement Series 500
Air Transport Agreement Between the United States of America
and Portugal
Having in mind the resolution recommending a standard form of agree-
ment for provisional air routes and services, included in the Final Act of the
International Civil Aviation Conference signed at Chicago on December 7,
1944, and the desirability of mutually stimulating and promoting the sound
economic development of air transportation between the United States and
Portugal, the two Governments parties to this arrangement agree that the
further development of air transport services between their respective terri-
tories shall be governed by the following provisions :
Article 1
The contracting parties grant the rights specified in the Annex hereto
necessary for establishing the international civil air routes and services therein
described, whether such services be inaugurated immediately or at a later
date, as established in paragraph (b) of Article 2.
Article 2
(a) Subject to the other provisions of this agreement, each of the air
services so described shall be placed in operation as soon as the contracting
party to whom the rights have been granted by Article 1 to designate an air-
line or airlines for the route concerned has authorized an airline for such route,
and the contracting party granting the rights shall, subject to Article 7 hereof,
be bound to give the appropriate operating permission to the airline or air-
lines concerned; provided that the airline so designated may be required
to qualify before the competent aeronautical authorities of the contracting
^IAS 1656, post, p. 362.
•3UST5263;TIAS2722.
»21 UST 2027; TIAS 6946.
351
352 PORTUGAL
party granting the rights under the laws and regulations normally applied by
these authorities before being permitted to engage in the operations contem-
plated by this agreement.
(b) It is understood that either contracting party granted commercial
rights under this agreement should exercise them at the earliest practicable
date except in the case of temporary inability to do so.
Article 3
The terms and conditions of operating rights which may have been granted
previously by either contracting party to the other contracting party or to an
airline of such other contracting party shall not be abrogated by the present
agreement, except for any provisions included in the agreement conferring
such operating rights which would prevent any airline designated under
Article 2 above from operating under the present agreement.
Article 4
In order to prevent discriminatory practices and to assure equality of
treatment, it is agreed that :
(a) Each of the contracting parties may impose or permit to be imposed
just and reasonable charges for the use of public airports, and other facilities
under its control. Each of the contracting parties agrees, however, that these
charges shall not be higher than would be paid for the use of such airports
and facilities by its national aircraft engaged in similar international services.
(b) Fuel, lubricating oils and spare parts introduced into the territory of
one contracting party by the other contracting party or its nationals, and in-
tended solely for use by aircraft of such other contracting party shall be ac-
corded national treatment with respect to the imposition of customs duties,
inspection fees or other national duties or charges by the contracting party
whose territory is entered.
(c) The fuel, lubricating oils, spare parts, regular equipment and air-
craft stores retained on board civil aircraft of the airlines of one contracting
party authorized to operate the routes and services described in the Annex
shall, upon arriving in or leaving the territory of the other contracting party,
be exempt from customs, inspection fees or similar duties or charges, even
though such supplies be used or consumed by such aircraft on flights in that
territory.
Article 5
Certificates of airworthiness, certificates of competency and licenses issued
or rendered valid by one contracting party shall be recognized as valid by the
other contracting party for the purpose of operating the routes and services
described in the Annex. Each contracting party reserves the right, however,
to refuse to recognize, for the purpose of flight above its own territory, cer-
tificates of competency and licenses granted to its own nationals by another
State.
AIR TRANSPORT SERVICES— DECEMBER 6, 1945 353
Article 6
(a) The laws and regulations of one contracting party relating to the ad-
mission to or departure from its territory of aircraft engaged in international
air navigation, or to the operation and navigation of such aircraft while
within its territory, shall be applied to the aircraft of the other contracting
party, and shall be complied with by such aircraft upon entering or departing
from or while within the territory of that party.
(b) The laws and regulations of one contracting party as to the admis-
sion to or departure from its territory of passengers, crew, or cargo of aircraft,
such as regulations relating to entry, clearance, immigration, passports, cus-
toms, and quarantine, shall be complied with by or on behalf of such passen-
gers, crew, or cargo of the other contracting party upon entrance into or de-
parture from, or while within the territory of the first party.
Article 7
Each contracting party reserves the right to withhold or revoke a certificate
or permit to an airline of the other party in any case where it is not satisfied
that substantial ownership and effective control are vested in nationals of
either party to this agreement, or in case of failure of an airline to comply
with the laws of the State over which it operates, as described in Article 6
hereof, or to perform its obligations under this agreement.
Article 8
This agreement and all contracts connected therewith, shall be registered
with the Provisional International Civil Aviation Organization.
Article 9
In the event either of the contracting parties considers it desirable to modify
the routes or conditions set forth in the attached Annex, it may request con-
sultation between the competent authorities of both contracting parties, such
consultation to begin within a period of sixty days from the date of the request.
When the aforementioned authorities mutually agree on new or revised con-
ditions affecting the attached Annex, their recommendations on the matter
will come into effect after they have been confirmed by an exchange of diplo-
matic notes.
Article 1 0
This agreement or any of the rights for air transport services granted
thereunder may, without prejudice to Article 3 above, be terminated by
either contracting party upon giving one year's notice to the other contracting
party.
Article 1 1
This agreement including the provisions of the Annex thereto, will come
into force on the day it is signed.
354 PORTUGAL
Done at Lisbon in duplicate in the English and Portuguese languages,
each of which shall be of equal authenticity, this 6th day of December, 1945.
For the Government of the United States of America
Herman B. Baruch [seal]
For the Government of Portugal
Oliveira Salazar
annex to air transport agreement between the united
states of america and portugal 4
A. Airlines of the United States of America authorized under the present
agreement are accorded rights of transit and non-traffic stop in Portuguese
territory. The right to pick up and discharge international traffic in passengers,
cargo and mail at the Azores, Lisbon and Macao is granted on the following
routes :
1. United States to the Azores to Lisbon and beyond to (a) London and
(b) Barcelona and points beyond; in both directions.
2. United States to Lisbon (the airline operating this route will have the
right of non-traffic stop at the Azores) thence to Madrid and points beyond;
in both directions.
3. United States via intermediate points in the Pacific to Macao thence
to Hong Kong (and/or Canton) ; in both directions.
B. Airlines of Portugal authorized under the present agreement are
accorded rights of transit and non-traffic stop in the territory of the United
States, as well as the right to pick up and discharge international traffic in
passengers, cargo, and mail at New York, on the following route :
1. Lisbon via the Azores and Bermuda to New York; in both directions.
December 6, 1945
Exchange of Notes
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
Lisbon, December 6, 1945
Excellency :
I have the honor to refer to the Air Transport Agreement between the
United States and Portugal which was concluded today and in connection
4 For amendments to annex see agreements of June 28, 1947 (TIAS 1656, post, p. 362),
and Nov. 11, 1952 (3 UST 5263; TIAS 2722).
AIR TRANSPORT SERVICES— DECEMBER 6, 1945 355
therewith to inform Your Excellency that my Government understands that
all American aircraft flying over the territory of metropolitan Portugal will
be required to land at Lisbon, unless consent to overfly in special cases has
been obtained in advance by the air carrier from the Portuguese Government.
I avail myself of this opportunity to express to Your Excellency the renewed
assurances of my highest consideration.
Herman B. Baruch
His Excellency
Dr. Antonio de Oliveira Salazar
Minister for Foreign Affairs
Lisbon
The Minister of Foreign Affairs to the American Ambassador
[TRANSLATION]
MINISTRY OF FOREIGN AFFAIRS
Lisbon, December 6, 1945
Mr. Ambassador:
I have the honor to acknowledge receipt of Your Excellency's note of this
date, communicating to me the following:
[For text of U.S. note, see above.]
Taking due note of the communication referred to, I likewise inform Your
Excellency that the "national treatment" mentioned in the Agreement which
we signed today on air navigation is not to be less favorable than the treatment
granted to the most-favored nation, but in a contrary case the treatment
which would be most favorable would be applicable to the United States of
America.
I avail myself of this opportunity to present to Your Excellency the
assurances of my highest consideration.
Oliveira Salazar
His Excellency
Herman Baruch
etc., etc., etc.
SUPPLIES OF PORTUGUESE COLONIAL SISAL
Exchange of notes at Lisbon, May 17, 1946
Entered into force May 17, 1946; operative June 1, 1946
Expired June 30, 1947
Treaties and Other International
Acts Series 1590
The American Ambassador to the President of the Council of Ministers
Embassy of the
United States of America
Lisbon, May 17, 1946
Excellency:
I have the honor to transmit to Your Excellency herewith a proposal
in accordance with which quantities of Portuguese colonial sisal will be
supplied to the United States Government during the period running from
June 1, 1946 to June 30, 1947.
This proposal has been agreed upon in the negotiations which have just
been concluded between representatives of the Portuguese Government
and of the United States Government. Accordingly I have the honor to
suggest that if the proposal set forth in the enclosure to the present Note
meets with the approval of the Portuguese Government, Your Excellency's
reply in that sense, together with my Note, should be regarded as constituting
an agreement between our two Governments.
Please accept, Excellency, the renewed expressions of my highest
consideration.
Herman B. Baruch
Enclosure :
Proposal, as stated.
His Excellency
Dr. Antonio de Oliveira Salazar
President of the Council of Ministers
Lisbon
PROGRAM OF SUPPLIES OF PORTUGUESE COLONIAL SISAL TO THE UNITED
STATES GOVERNMENT
1 ) The Portuguese Government will make available to the United
States Government during the thirteen months from June 1, 1946 to June 30,
356
SISAL— MAY 17, 1946 357
1947 sisal from the Portuguese colonies of Angola and Mozambique on the
following basis, granting export licenses for sisal in accordance therewith:
a) The entire output in both colonies of all plantations at present op-
erated by German or German-affiliates, irrespective of any changes in owner-
ship which may take place during the period of this program. This produc-
tion (hereinafter referred to as "German-produced sisal") is estimated at
approximately 14,000 metric tons for the calendar year 1946. The Portu-
guese Government will prevent illicit diversion of such sisal during the
period of this program ;
b) 40% of the total production of the Portuguese (national) producers
in Mozambique.
2) The requirements of continental Portugal, set at 3,000 metric tons
per annum, will take precedence over any commitment made under the
present program.
3) The United States Government confirms the understanding of the
Portuguese Government that all sisal procured under this program will be
imported into the United States and processed there.
4) The Portuguese Government, through the respective colonial au-
thorities, is willing to take all measures that it considers necessary to ensure
maximum production and likewise, through the intermediary of the com-
petent corporative organizations, to take appropriate steps to prevent hoard-
ing which might make difficult the delivery of sisal. It will also similarly
cooperate in the endeavor to see to it that the movement of sisal to the United
States be as regular and expeditious as possible.
5) The prices to be paid for the sisal made available to the United
States under this program shall be on the basis of $220 per metric ton f.o.b.
ocean-going vessel Mozambique ports for all sisal produced in that colony
and $180 per metric ton f.o.b. ocean-going vessel Angola ports for German-
produced sisal in that colony. The foregoing stated dollar prices refer only
to the top grade of line sisal. For the various lower grades of sisal the prices
paid will be appropriately adjusted so that the already previously established
dollar differentials between the respective grades will continue to apply.
6) In conjunction with this program and upon request of the Portuguese
authorities, the United States Government will render such assistance as is
compatible with its general policies, laws and regulations to the Portuguese
Government in obtaining deliveries of equipment and supplies which the
Portuguese Government or its nationals, primarily those engaged in the pro-
duction or delivery of sisal, wish to purchase or have purchased from the
United States Government or suppliers in the United States.
7 ) Detailed commercial arrangements will be made between the Junta
de Exportacao in each of the colonies and representatives of the United
States Government for the purpose of carrying out the intent of this pro-
358 PORTUGAL
gram. These will include any special arrangements by which the transactions
in German-produced sisal in both colonies are to be regulated.
8) This program may be modified at any time after March 31, 1947,
at the request of either party upon advance notice of 90 days. In the event
that agreement with respect to a requested modification cannot be reached
within the 90 days' period referred to, the program will lapse upon the
expiration of that period.
The President of the Council of Ministers to the American Ambassador
[translation]
MINISTRY OF FOREIGN AFFAIRS
GENERAL ADMINISTRATION OF
ECONOMIC AND CONSULAR AFFAIRS
Proc° 47 (s)
n° 14 Lisbon, May 17, 1946
Mr. Ambassador,
With reference to Your Excellency's note, of today's date, which accom-
panied the proposal for the furnishing of sisal from the Portuguese Colonies
to the Government of the United States during the period to run from June 1 ,
1946 to June 30, 1947, a proposal concerning which agreement was reached
in the negotiations between the representatives of the Portuguese Govern-
ment and the Government of the United States now concluded, I have the
honor to confirm the approval by the Portuguese Government of the afore-
mentioned proposal.
In conformity with this, and in agreement with the suggestion made by
Your Excellency in your note, I agree that that note and the present reply,
accompanied by the Portuguese text of the proposal, constitute the agree-
ment with respect to this matter arranged between the two Governments.
I avail myself of the opportunity to renew to Your Excellency the assurances
of my highest consideration.
A d'O Salazar
His Excellency
Mr. Herman Baruch
Ambassador of the United States of America
Lisbon
AIR TRANSIT FACILITIES IN THE AZORES
Exchange of notes at Lisbon May 30, 1946
Entered into force May 30, 1946; operative June 2, 1946
Expired December 2, 1947
[For text, see 2 UST 2201 ; TIAS 2345.]
359
SPECIAL TARIFF POSITION OF PHILIPPINES
Exchange of notes at Washington May 18 and August 26, 1946, modi-
fying agreement of June 28, 1910
Entered into force August 26, 1946
61 Stat. 2447 ; Treaties and Other
International Acts Series 1572
The Acting Secretary of State to the Portuguese Ambassador
Department of State
Washington
May 18, 1946
Excellency :
With reference to the forthcoming independence of the Philippines on
July 4, 1946, my Government considers that provision for a transitional
period for dealing with the special tariff position which Philippine prod-
ucts have occupied for many years in the United States is an essential
accompaniment to Philippine independence. Accordingly, under the Philip-
pine Trade Act approved April 30, 1946,1 goods the growth, produce or
manufacture of the Philippines will enter the United States free of duty
until 1 954, after which they will be subject to gradually and regularly increas-
ing rates of duty or decreasing duty-free quotas until 1974 when general
rates will become applicable and all preferences will be completely eliminated.
Since the enactment of the Philippine Independence Act approved
March 24, 1934,2 my Government has foreseen the probable necessity of
providing for such a transitional period and has since then consistently
excepted from most-favored-nation obligations which it has undertaken
toward foreign governments advantages which it might continue to accord
to Philippine products after the proclamation of Philippine independence.
Some thirty instruments in force with other governments, for example, per-
mit the continuation of the exceptional tariff treatment now accorded by my
Government to Philippine products, irrespective of the forthcoming change
in the Commonwealth's political status.
With a view, therefore, to placing the relations between the United States
and Portugal upon the same basis, with respect to the matters involved, as
^0 Stat. 141.
2 48 Stat. 456.
360
TRADE WITH PHILIPPINES— MAY 18 AND AUG. 26, 1946 361
the relations existing under the treaties and agreements referred to in the
preceding paragraph, I have the honor to propose that the provisions of
the Commercial Arrangement between the United States of America and
Portugal effected by an exchange of notes signed June 28, 1910,3 shall not
be understood to require the extension to Portugal of advantages accorded
by the United States to the Philippines.
In view of the imminence of the inauguration of an independent Philip-
pine Government, I should be glad to have the reply of Your Excellency's
Government to this proposal at an early date.
Accept, Excellency, the renewed assurances of my highest consideration.
Dean Acheson
Acting Secretary of State
His Excellency
Dr. Joao Antonio de Bianchi
Ambassador of Portugal
The Portuguese Ambassador to the Acting Secretary of State
Embaixada de Portugal
Washington
SEfi", August 26, 1946
Sir:
With reference to Your Excellency's note of 18 May, 1946, I have the
honour to inform Your Excellency, under instructions, that the Portuguese
Government agrees to the proposal set out in Your Excellency's note quoted
above, according to which the provisions of the Commercial Arrangement
between Portugal and the United States of America effected by an exchange
of notes signed June 28, 1910, shall not be understood to require extension
to Portugal of advantages accorded by the United States to the Philippines,
during the transitional period covered by the Philippine Trade Act approved
April 30, 1946.
I avail myself of this opportunity to convey to you, Sir, the renewed
assurances of my highest consideration.
J. Bianchi
The Honourable Dean Acheson
Acting Secretary of State
etc., etc., etc.
'TS5Uy2, ante, p. 324.
AIR TRANSPORT SERVICES
Exchanges of notes at Lisbon June 28, 1947, amending agreement of
December 6, 1945
Entered into force June 28, 1947
61 Stat. 3 185 ; Treaties and Other
International Acts Series 1656
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
Lisbon, June 28, 1947
Excellency:
I have the honor to confirm that it is mutually agreed by the Governments
of the United States of America and of Portugal that the Annex to the Air
Transport Agreement, between the two Governments, concluded on Decem-
ber 6, 1945,1 shall be amended to read as follows :
Section I
A. Airlines of the United States of America authorized under the present
agreement are accorded rights of transit and non-traffic stop in Portuguese
territory. The right to pick up and discharge international traffic in passengers,
cargo and mail at the Azores, Lisbon and Macao is granted on the following
routes via intermediate points in both directions :
1. The United States to the Azores and thence (a) to London and be-
yond, on a route without stops in the Iberian Peninsula, and (b) to Lisbon
and thence (a,) to London and (b,) to Barcelona and points beyond.
2. The United States to Lisbon (the airline operating this route will have
the right of non-traffic stop at the Azores) thence to Madrid and points
beyond.
3. The United States to the Azores and points beyond to the Union of
South Africa.
4. The United States via intermediate points in the Pacific to Macao
thence to Hong-Kong (and/or Canton).
In addition to the routes enumerated above, airlines of the United States
of America are accorded the right of non-traffic stop at the Azores on trans-
1EAS500,«n*«,p. 351.
362
AIR TRANSPORT SERVICES— JUNE 28, 1947 363
Atlantic routes between the United States and the Continent of Europe, in-
cluding the British Isles, on routes without stops in the Iberian Peninsula.
B. Airlines of Portugal authorized under the present agreement are
accorded rights of transit and non-traffic stop in the territory of the United
States as well as the right to pick up and discharge international traffic in
passengers, cargo, and mail at New York, Boston and Miami on the follow-
ing routes via intermediate points in both directions :
1. Lisbon via the Azores (a) to Bermuda, New York City and Boston, or
(b ) to Gander, Boston and New York City.
2. Lisbon via the Azores and Bermuda to Miami and beyond.
Section II
The contracting parties agree on the following :
1. That the air transport facilities available to the travelling public
should bear a close relationship to the requirements of the public for such
transport.
2. There shall be a fair and equal opportunity for the airlines of the two
nations to operate on any route between their respective territories covered by
the Agreement and this Annex.
3. That, in the operation by the air carriers of either Government of the
trunk services described in this Annex, the interest of the air carriers of the
other Government shall be taken into consideration so as not to affect unduly
the services which the latter provides on all or part of the same routes.
4. It is understood by both Governments that services provided by a
designated airline under the Agreement and this Annex shall retain as their
primary objective the provision of capacity adequate to the traffic demands
between the country of which such airline is a national and the country of
ultimate destination of the traffic. The right to embark or disembark on such
services international traffic destined for and coming from third countries at
a point or points on the routes specified in this Annex shall be applied in
accordance with the general principles of orderly development to which both
Governments subscribe and shall be subject to the general principle that
capacity should be related :
(a) To traffic requirements between the country of origin and the coun-
tries of destination ;
( b ) To requirements of through airline operation ; and
(c) To the traffic requirements of the area through which the airline
passes after taking account of local and regional services.
Accept, Excellency, the assurances of my highest consideration.
John C. Wiley
His Excellency
Dr. Jose Caeiro da Mata
Minister of Foreign Affairs
Lisbon
364 PORTUGAL
The Minister of Foreign Affairs to the American Ambassador
[TRANSLATION]
Lisbon, June 28, 1947
Mr. Ambassador :
I have the honor to confirm to Your Excellency that it has been mutually
agreed between the Governments of Portugal and the United States of
America that the Annex to the Air Transport Agreement between the two
Governments, signed on December 6, 1945, shall be amended to read as
follows :
[For text, see U.S. note, above.]
I avail myself of the opportunity to present to Your Excellency the assur-
ances of my highest consideration.
Jose Caeiro da Mata
His Excellency
John Cooper Wiley,
Ambassador of the United States of America
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
Lisbon, June 28, 1947
Excellency :
It is mutually agreed by the Governments of the United States of America
and of Portugal that, in addition to the routes described in the Annex to the
Air Transport Agreement between the United States of America and
Portugal, dated December 6, 1945, airlines of the United States of America
operating on the following route are accorded the rights of transit and non-
traffic stop in Portuguese territory :
A. The United States via the East Coast of South America and inter-
mediate points to Johannesburg and Capetown.
It is equally agreed that airlines of Portugal operating on the following
route are accorded the rights of transit and non-traffic stop in United States
territory :
B. Lisbon, via the Azores and /or Gander to Montreal.
I avail myself of this opportunity to express to Your Excellency the assur-
ances of my high consideration.
John C. Wiley
His Excellency
Dr. Jose Caeiro da Mata
Minister of Foreign Affairs
Lisbon
AIR TRANSPORT SERVICES— JUNE 28, 1947 365
The Minister of Foreign Affairs to the American Ambassador
[TRANSLATION]
Lisbon, June 28, 1947
Mr. Ambassador:
It is mutually agreed between the Governments of Portugal and the
United States of America that, in addition to the routes described in the
Annex to the Air Transport Agreement between Portugal and the United
States of America, signed on December 6, 1945, rights of transit and non-
traffic stop in Portuguese territory shall be granted to airlines of the United
States which operate the following route :
A. United States via the east coast of South America and intermediate
points, to Johannesburg and Capetown.
It is likewise agreed that rights of transit and non-traffic stop in the territory
of the United States shall be granted to airlines of Portugal which operate the
following route :
B. Lisbon via the Azores and/or Gander to Montreal.
I avail myself of this opportunity to present to Your Excellency the assur-
ances of my highest consideration.
Jose Caeiro da Mata
His Excellency
John Cooper Wiley
Ambassador of the United States of America
AIR TRANSIT FACILITIES IN THE AZORES
Exchange of notes at Lisbon February 2, 1948
Entered into force February 2, 1948; operative from December 2, 1947
Terminated by agreement of September 6, 1951 1
[For text, see 2 UST 2266 ; TIAS 235 1 .]
15UST2263;TIAS3087.
366
MOST-FAVORED-NATION TREATMENT FOR
AREAS UNDER OCCUPATION OR CONTROL
Exchange of notes at Lisbon September 28, 1948
Entered into force September 28, 1948
Expired in accordance with its terms
62 Stat. 2845 ; Treaties and Other
International Acts Series 1817
The American Ambassador to the Minister of Foreign Affairs
Excellency:
I have the honor to refer to the conversations which have recently taken
place between representatives of our two Governments relating to the terri-
torial application of commercial arrangements between the United States of
America and Portugal and to confirm the understanding reached as a result
of these conversations as follows :
1. For such time as the Government of the United States of America
participates in the occupation or control of any areas in western Germany
and the Free Territory of Trieste, the Government of Portugal will apply to
the merchandise trade of such area the provisions relating to the most-
favored-nation treatment of the merchandise trade of the United States of
America set forth in the Commercial Agreement signed June 28, 19 10,1
or for such time as the Governments of the United States of America and
Portugal may both be contracting parties to the General Agreement on Tariffs
and Trade, dated October 30, 1947,2 the provisions of that Agreement,
as now or hereafter amended, relating to the most-favored-nation treatment
of such trade. It is understood that the undertaking in this paragraph relating
to the application of the most-favored-nation provisions of the Commercial
Agreement shall be subject to the exceptions recognized in the General Agree-
ment on Tariffs and Trade permitting departures from the application of
most-favored-nation treatment; provided that nothing in this sentence shall
be construed to require compliance with the procedures specified in the
General Agreement with regard to the application of such exceptions.
"TSSH'/a, ante, p. 324.
• TIAS 1700, ante, vol. 4, p. 639.
367
30S-582— 73 25
368 PORTUGAL
2. The undertaking in point 1, above, will apply to the merchandise trade
of any area referred to therein only for such time and to such extent as such
area accords reciprocal most-favored-nation treatment to the merchandise
trade of Portugal.
3. The undertakings in points 1 and 2, above, are entered into in the
light of the absence at the present time of effective or significant tariff barriers
to imports into the areas herein concerned. In the event that such tariff
barriers are imposed, it is understood that such undertakings shall be without
prejudice to the application of the principles set forth in the Havana Charter
for an International Trade Organization 3 relating to the reduction of tariffs
on a mutually advantageous basis.
4. It is recognized that the absence of a uniform rate of exchange for the
currency of the areas in western Germany referred to in point 1 above may
have the effect of indirectly subsidizing the exports of such areas to an extent
which it would be difficult to calculate exactly. So long as such a condition
exists, and if consultation with the Government of the United States of
America fails to reach an agreed solution to the problem, it is understood that
it would not be inconsistent with the undertaking in point 1 for the Govern-
ment of Portugal to levy a countervailing duty on import of such goods
equivalent to the estimated amount of such subsidization, where the Govern-
ment of Portugal determines that the subsidization is such as to cause or
threaten material injury to an established domestic industry or is such as to
prevent or materially retard the establishment of a domestic industry.
5. The undertakings in this note shall remain in force until January 1,
1951, and unless at least six months before January 1, 1951, either Govern-
ment shall have given notice in writing to the other of intention to terminate
these undertakings on that date, they shall remain in force thereafter until the
expiration of six months from the date on which such notice shall have been
given.
Please accept, Excellency, the renewed assurances of my highest
consideration.
Lincoln MacVeagh
Lisbon, September 28, 1948
His Excellency
Dr. Jose Caeiro da Matta
Minister for Foreign Affairs
Lisbon
* Unperfected; for excerpts, see A Decade of American Foreign Policy: Basic Documents,
1941-49 (U.S. Government Printing Office, 1950), p. 391.
MOST-FAVORED-NATION TREATMENT— SEPTEMBER 28, 1948 369
The Minister of Foreign Affairs to the American Ambassador
[TRANSLATION]
Lisbon, September 28, 1948
Mr. Ambassador:
With reference to the conversations which have recently taken place be-
tween representatives of our two Governments relating to the territorial appli-
cation of the commercial arrangements between Portugal and the United
States of America, I have the honor to confirm the understanding reached as
a result of these conversations, as follows :
[For text of understanding, see numbered paragraphs of U.S. note, above.]
I avail myself of the opportunity to renew to Your Excellency, Mr. Am-
bassdor, the assurances of my highest consideration.
Jose Caeiro da Mata
His Excellency
Lincoln MacVeagh
Ambassador of the United States of America
at Lisbon, Portugal,
etc., etc., etc.
ECONOMIC COOPERATION
Agreement signed at Lisbon September 28, 1948, with annex
Entered into force September 28, 1948
Amended by agreements of February 14, 1950; 1 May 17, 1951 ; 2 and
Mar ch9 and 18, 1953 ' 3
62 Stat. 2856; Treaties and Other
International Acts Series 1819
Economic Cooperation Agreement Between the United States
of America and Portugal
preamble
The Governments of the United States of America and Portugal :
Recognizing that the restoration or maintenance in European countries of
principles of individual liberty, free institutions, and genuine independence
rests largely upon the establishment of sound economic conditions, stable
international economic relationships, and the achievement by the countries of
Europe of a healthy economy independent of extraordinary outside assistance;
Recognizing that a strong and prosperous European economy is essential
for the attainment of the purposes of the United Nations ;
Considering that the achievement of such conditions calls for a European
recovery plan of self-help and mutual cooperation, open to all nations which
cooperate in such a plan, based upon a strong production effort, the expan-
sion of foreign trade, the creation or maintenance of internal financial stabil-
ity and the development of economic cooperation, including all possible steps
to establish and maintain valid rates of exchange and to reduce trade barriers ;
Considering that in furtherance of these principles the Government of
Portugal has joined with other like-minded nations in a Convention for
European Economic Cooperation signed at Paris on April 16, 1948 under
which the signatories of that Convention agreed to undertake as their imme-
diate task the elaboration and execution of a joint recovery program, and that
the Government of Portugal is a member of the Organization for European
Economic Cooperation created pursuant to the provisions of that Convention;
M UST 169; TIAS 2033.
*2 UST 1298; TIAS 2279.
*4 UST 1437; TIAS 2801.
370
ECONOMIC COOPERATION— SEPTEMBER 28, 1948 371
Considering also that, in furtherance of these principles the Government
of the United States of America has enacted the Economic Cooperation Act
of 1948,4 providing for the furnishing of assistance by the United States of
America to nations participating in a joint program for European recovery, in
order to enable such nations through their own individual and concerted
efforts to become independent of extraordinary outside economic assistance ;
Taking note that the Government of Portugal has already expressed its
adherence to the purposes and policies of the Economic Cooperation Act of
1948;
Desiring to set forth the understandings which govern the furnishing of
assistance by the Government of the United States of America under the
Economic Cooperation Act of 1948, the receipt of such assistance by Portugal,
and the measures which the two Governments will take individually and to-
gether in furthering the recovery of Portugal as an integral part of the joint
program for European recovery;
Have agreed as follows :
Article I
(Assistance and Cooperation)
1 . The Government of the United States of America undertakes to co-
operate with the Government of Portugal in furthering the purposes set forth
in the Preamble by facilitating the acquisition by Portugal of such commodi-
ties as it may require from the United States of America in carrying out the
joint program for European recovery, and as may be agreed from time to
time by the two Governments. This undertaking on the part of the Govern-
ment of the United States of America is subject to all the terms, conditions
and termination provisions of the Economic Cooperation Act of 1948, acts
amendatory and supplementary thereto and appropriation acts thereunder.
2. The Government of Portugal, acting individually and through the
Organization for European Economic Cooperation consistently with the Con-
vention for European Economic Cooperation signed at Paris on April 16,
1948, will exert sustained efforts in common with other participating coun-
tries speedily to achieve through a joint recovery program economic condi-
tions in Europe essential to lasting peace and prosperity and to enable the
countries of Europe participating in such a joint recovery program to become
independent of extraordinary outside economic assistance within the period
of this Agreement. The Government of Portugal reaffirms its intention to
take action to carry out the provisions of the General Obligation of the Con-
vention for European Economic Cooperation, to continue to participate
actively in the work of the Organization for European Economic Coopera-
tion, and to continue to adhere to the purposes and policies of the Economic
Cooperation Act of 1948.
'62 Stat. 137.
372 PORTUGAL
3. With respect to assistance furnished by the Government of the United
States of America to Portugal and procured from areas outside the United
States of America, its territories and possessions, the Government of Portugal
will cooperate with the Government of the United States of America in ensur-
ing that procurement will be effected at reasonable prices and on reasonable
terms and so as to arrange that the dollars thereby made available to the
country from which the assistance is procured are used in a manner consistent
with any arrangements made by the Government of the United States of
America with such country.
Article II
( General Undertakings )
1. In order to achieve the maximum recovery through the employment
of assistance received from the Government of the United States of America,
the Government of Portugal will use its best endeavors :
a) to adopt or maintain the measures necessary to ensure efficient and
practical use of all the resources available to it, including
(i) such measures as may be necessary to ensure that the commodities
and services obtained with assistance furnished under this Agreement
are used for purposes consistent with this Agreement and, as far as
practicable, with the general purposes outlined in the schedules furnished
by the Government of Portugal in support of the requirements of assistance
to be furnished by the Government of the United States of America; and
(ii) the observation and review of the use of such resources through
an effective follow-up system approved by the Organization for European
Economic Cooperation;
b) to promote the development of industrial and agricultural produc-
tion on a sound economic basis; to achieve such production targets as may
be established through the Organization for European Economic
Cooperation;
c) to cooperate with other participating countries in facilitating and
stimulating an increasing interchange of goods and services among the
participating countries and with other countries and in reducing public
and private barriers to trade among themselves and with other countries.
2. Taking into account Article 8 of the Convention for European Eco-
nomic Cooperation looking toward the full and effective use of manpower
available in the participating countries, the Government of Portugal will
accord sympathetic consideration to proposals made in conjunction with
the International Refugee Organization directed to the largest practicable
utilization of manpower available in any of the participating countries in
furtherance of the accomplishment of the purposes of this Agreement.
ECONOMIC COOPERATION— SEPTEMBER 28, 1948 373
3. The Government of Portugal will take the measures which it deems
appropriate, and will cooperate with other participating countries, to pre-
vent, on the part of private or public commercial enterprises, business prac-
tices or business arrangements affecting international trade which restrain
competition, limit access to markets or foster monopolistic control when-
ever such practices or arrangements have the effect of interfering with the
achievement of the joint program of European recovery.
Article III
(Guaranties)
1. The Governments of the United States of America and Portugal
will, upon the request of either Government, consult respecting projects in
Portugal proposed by nationals of the United States of America and with
regard to which the Government of the United States of America may
appropriately make guaranties of currency transfer under section 111(b) ( 3 )
of the Economic Cooperation Act of 1948.
2. The Government of Portugal agrees that if the Government of the
United States of America makes payment in United States dollars to any
person under such a guaranty, any escudos, or credits in escudos, assigned
or transferred to the Government of the United States of America pursuant
to that section shall be recognized as property of the Government of the
United States of America.
Article IV
(Access to Materials)
1 . The Government of Portugal will facilitate the transfer to the United
States of America, for stockpiling or other purposes, of materials originating
in Portugal which are required by the United States of America as a result
of deficiencies or potential deficiencies in its own resources, upon such rea-
sonable terms of sale, exchange, barter or otherwise, and in such quantities,
and for such period of time, as may be agreed to between the Governments
of the United States of America and Portugal, after due regard for the
reasonable requirements of Portugal for domestic use and commercial export
of such materials. The Government of Portugal will take such specific meas-
ures as may be necessary to carry out the provisions of this paragraph, in-
cluding the promotion of the increased production of such materials within
Portugal, and the removal of any hindrances to the transfer of such ma-
terials to the United States of America. The Government of Portugal will,
when so requested by the Government of the United States of America,
enter into negotiations for detailed arrangements necessary to carry out the
provisions of this paragraph.
2. The Government of Portugal, when so requested by the Government
of the United States of America, will cooperate, wherever appropriate, to
374 PORTUGAL
further the objectives of paragraph 1 of this Article in respect of materials
originating outside of Portugal.
Article V
(Travel Arrangements and Relief Supplies)
1 . The Government of Portugal will cooperate with the Government of
the United States of America in facilitating and encouraging the promotion
and development of travel by citizens of the United States of America to and
within participating countries.
2. The Government of Portugal will, when so desired by the Government
of the United States of America, enter into negotiations for agreements (in-
cluding the provision of duty-free treatment under appropriate safeguards)
to facilitate the entry into Portugal of supplies of relief goods donated to or
purchased by United States voluntary non-profit relief agencies and of relief
packages originating in the United States of America and consigned to in-
dividuals residing in Portugal.
Article VI
(Consultation and Transmittal of Information)
1 . The two Governments will, upon the request of either of them, consult
regarding any matter relating to the application of this Agreement or to opera-
tions or arrangements carried out pursuant to this Agreement.
2. The Government of Portugal will communicate to the Government
of the United States of America in a form and at intervals to be indicated
by the latter after consultation with the Government of Portugal :
a) detailed information of projects, programs and measures proposed or
adopted by the Government of Portugal to carry out the provisions of this
Agreement and the General Obligations of the Convention for European
Economic Cooperation;
b ) full statements of operations under this Agreement, including a state-
ment of the use of funds, commodities and services received thereunder, such
statements to be made in each calendar quarter ;
c) information regarding its economy and any other relevant informa-
tion, necessary to supplement that obtained by the Government of the
United States of America from the Organization for European Economic
Cooperation, which the Government of the United States of America may
need to determine the nature and scope of operations under the Economic
Cooperation Act of 1948, and to evaluate the effectiveness of assistance
furnished or contemplated under this Agreement and generally the progress of
the joint recovery program.
3. The Government of Portugal will assist the Government of the
United States of America to obtain information relating to the materials
ECONOMIC COOPERATION— SEPTEMBER 28, 1948 375
originating in Portugal referred to in Article IV which is necessary to the
formulation and execution of the arrangements provided for in that Article.
Article VII
(Publicity)
1. The Governments of the United States of America and Portugal
recognize that it is in their mutual interest that full publicity be given to
the objectives and progress of the joint program for European recovery and
of the actions taken in furtherance of that program. It is recognized that wide
dissemination of information on the progress of the program is desirable in
order to develop the sense of common effort and mutual aid which are
essential to the accomplishment of the objectives of the program.
2. The Government of the United States of America will encourage the
dissemination of such information and will make it available to the media of
public information.
3. The Government of Portugal will encourage the dissemination of such
information both directly and in cooperation with the Organization for
European Economic Cooperation. It will make such information available
to the media of public information and take all practicable steps to ensure
that appropriate facilities are provided for such dissemination. It will further
provide other participating countries and the Organization for European
Economic Cooperation with full information on the progress of the program
for economic recovery.
4. The Government of Portugal will make public in Portugal in each
calendar quarter, full statements of operations under this Agreement, in-
cluding information as to the use of funds, commodities and services received.
Article VIII
( Missions )
1. The Government of Portugal agrees to receive a Special Mission for
Economic Cooperation which will discharge the responsibilities of the Gov-
ernment of the United States of America in Portugal under this Agreement.
2. The Government of Portugal will, upon appropriate notification from
the Ambassador of the United States of America in Portugal, consider the
Special Mission and its personnel, and the United States Special Representa-
tive in Europe, as part of the Embassy of the United States of America in
Portugal for the purpose of enjoying the privileges and immunities accorded
to that Embassy and its personnel of comparable rank. The Government of
Portugal will further accord appropriate courtesies to the members and staff
of the Joint Committee on Foreign Economic Cooperation of the Congress
of the United States of America, and grant them the facilities and assistance
necessary to the effective performance of their responsibilities.
308-582—73 26
376 PORTUGAL
3. The Government of Portugal, directly and through its representatives
on the Organization for European Economic Cooperation, will extend full
cooperation to the Special Mission, to the United States Special Representa-
tive in Europe and his staff, and to the members and staff of the Joint Com-
mittee. Such cooperation shall include the provision of all information and
facilities necessary to the observation and review of the carrying out of this
Agreement, including the use of assistance furnished under it.
Article IX
(Settlement of Claims of Nationals)
1 . The Governments of the United States of America and Portugal agree
to submit to the decision of the International Court of Justice any claim es-
poused by either Government on behalf of one of its nationals against the
other Government for compensation for damage arising as a consequence of
governmental measures (other than measures taken by the Government of
the United States of America concerning enemy property or interests) taken
after April 3, 1948, by the other Government and affecting property or inter-
est of such national, including contracts with or concessions granted by duly
authorized authorities of such other Government. It is understood that the
undertaking of the Government of the United States of America in respect
of claims espoused by the Government of Portugal pursuant to this para-
graph is made under the authority of and is limited by the terms and condi-
tions of the recognition by the United States of America of the compulsory
jurisdiction of the International Court of Justice under Article 36 of the
Statute of the Court, as set forth in the Declaration of the President of the
United States of America dated August 14, 1946.5
2. The Governments of the United States of America and Portugal
further agree that such claims may be referred, in lieu of the Court, to any
arbitral tribunal mutually agreed upon.
3. It is further understood that neither Government will espouse a claim
pursuant to this Article until its national has exhausted the remedies available
to him in the administrative and judicial tribunals of the country in which the
claim arose.
4. The provisions of this Article shall be in all respects without prejudice
to other rights of access, if any, of either Government, to the International
Court of Justice or other arbitral tribunal or to the espousal and presenta-
tion of claims based upon alleged violations by either Government of rights
and duties arising under treaties, agreements or principles of international
law.
5 TIAS 1598, ante, vol. 4, p. 140.
ECONOMIC COOPERATION— SEPTEMBER 28, 1948 377
Article X
(Definitions)
As used in this Agreement:
a) Portugal means the Republic of Portugal, (including the Azores
Islands and the Madeira Islands ) , together with dependent areas under its
administration, including the Cape Verde Islands, Portuguese Guinea, the
fortress of Sao Joao Baptista de Ajuda, Sao Tome and Principe, Angola,
Mozambique, Portuguese India (comprising Goa, Damao, Diu), Macao and
Portuguese Timor.
b) The term "participating country" means
(i) any country which signed the Report of the Committee of Euro-
pean Economic Cooperation at Paris on September 22, 1947, and terri-
tories for which it has international responsibility and to which the Eco-
nomic Cooperation Agreement concluded between that country and the
Government of the United States of America has been applied, and
(ii) any other country (including any of the zones of occupation of
Germany, and areas under international administration or control, and
the Free Territory of Trieste or either of its zones) wholly or partly in
Europe, together with dependent areas under its administration
for so long as such country is a party to the Convention for European Eco-
nomic Cooperation and adheres to a joint program for European recovery
designed to accomplish the purposes of this Agreement.
Article XI
(Entry into Force, Amendment, Duration)
1. This Agreement shall become effective on this day's date. Subject to
the provisions of paragraphs 2 and 3 of this Article, it shall remain in force
until June 30, 1953, and, unless at least six months before June 30, 1953,
either Government shall have given notice in writing to the other of intention
to terminate the Agreement on that date, it shall remain in force thereafter
until the expiration of six months from the date on which such notice shall
have been given.
2. If, during the fife of this Agreement, either Government should con-
sider there has been a fundamental change in the basic assumptions under-
lying this Agreement, it shall so notify the other Government in writing and
the two Governments will thereupon consult with a view to agreeing upon
the amendment, modification or termination of this Agreement. If, after three
months from such notification, the two Governments have not agreed upon
the action to be taken in the circumstances, either Government may give
notice in writing to the other of intention to terminate this Agreement. Then,
378 PORTUGAL
subject to the provisions of paragraph 3 of this Article, this Agreement shall
terminate six months after the date of such notice of intention to terminate;
provided, however, that Article IV and paragraph 3 of Article VI shall re-
main in effect until two years after the date of such notice of intention to
terminate, but not later than June 30, 1953.
3. Subsidiary agreements and arrangements negotiated pursuant to this
Agreement may remain in force beyond the date of termination of this Agree-
ment and the period of effectiveness of such subsidiary agreements and
arrangements shall be governed by their own terms. Paragraph 2 of Article
III shall remain in effect for so long as the guaranty payments referred
to in that Article may be made by the Government of the United States of
America.
4. This Agreement may be amended at any time by agreement between
the two Governments.
5 . The Annex to this Agreement forms an integral part thereof.
6= This Agreement shall be registered with the Secretary-General of the
United Nations.
In witness whereof the respective representatives, duly authorized for
the purpose, have signed the present Agreement.
Done at Lisbon, in duplicate, in the English and Portuguese languages,
both texts authentic, this 28th day of September, 1948.
Lincoln MacVeagh [seal]
Jose Caeiro da Matta [seal]
annex
Interpretative Notes
1. It is understood that the requirements of paragraph 1 (a) of Article
II, relating to the adoption of measures for the efficient use of resources,
would include, with respect to commodities furnished under the Agreement,
effective measures for safeguarding such commodities and for preventing
their diversion to illegal or irregular markets or channels of trade.
2. It is understood that the business practices and business arrangements
referred to in paragraph 3 of Article II mean :
a) fixing prices, terms or conditions to be observed in dealing with others
in the purchase, sale or lease of any product;
b) excluding enterprises from, or allocating or dividing, any territorial
market or field of business activity, or allocating customers, or fixing sales
quotas or purchase quotas;
c) discriminating against particular enterprises;
d ) limiting production or fixing production quotas ;
ECONOMIC COOPERATION— SEPTEMBER 28, 1948 379
e) preventing by agreement the development or application of technol-
ogy or invention whether patented or unpatented;
f) extending the use of rights under patents, trade marks or copyrights
granted by either country to matters which, according to its laws and regula-
tions, are not within the scope of such grants, or to products or conditions
of production, use or sale which are likewise not the subjects of such grants;
and
g) such other practices as the two Governments may agree to include.
3. It is understood that the Government of Portugal is obligated to take
action in particular instances in accordance with paragraph 3 of Article II
only after appropriate investigation or examination.
4. It is understood that the phrase in Article IV "after due regard for
the reasonable requirements of Portugal for domestic use" would include the
maintenance of reasonable stocks of the materials concerned and that the
phrase "commercial export" might include barter transactions. It is also
understood that arrangements negotiated under Article IV might appropri-
ately include provision for consultation, in accordance with the principles of
Article 32 of the Havana Charter for an International Trade Organization,6
in the event that stockpiles are liquidated.
5. It is understood that the Government of Portugal will not be requested,
under paragraph 2 (a) of Article VI, to furnish detailed information about
minor projects or confidential commercial or technical information the dis-
closure of which would injure legitimate commercial interests.
6. It is understood that the Government of the United States of America
in making the notifications referred to in paragraph 2 of Article VIII would
bear in mind the desirability of restricting, so far as practicable, the num-
ber of officials for whom full diplomatic privileges would be requested. It is
also understood that the detailed application of Article VIII would, when
necessary, be the subject of inter-governmental discussion.
7. It is understood that if the Government of Portugal should accept
the compulsory jurisdiction of the International Court of Justice under
Article 36 of the Statute of the Court, on suitable terms and conditions, the
two Governments will consult with a view to replacing the second sentence
of paragraph 1 of Article IX with provisions along the following lines:
"It is understood that the undertaking of each Government in respect of
claims espoused by the other Government pursuant to this paragraph is
made in the case of each Government under the authority of and is limited
' Unperfected. Art. 32(3) of the Havana Charter reads as follows:
"Such Member shall, at the request of any Member which considers itself substantially
interested, consult as to the best means of avoiding substantial injury to the economic inter-
ests of producers and consumers of the primary commodity in question. In cases where the
interests of several Members might be substantially affected, the Organization may par-
ticipate in the consultations, and the Member holding the stocks shall give due considera-
tion to its recommendations."
380 PORTUGAL
by the terms and conditions of such effective recognition as it has hereto-
fore given to the compulsory jurisdiction of the International Court of Jus-
tice under Article 36 of the Statute of the Court."
8. It is understood that any agreements which might be arrived at
pursuant to paragraph 2 of Article IX would be subject to ratification by
the Senate of the United States of America.
SETTLEMENT OF CERTAIN WAR CLAIMS
Exchange of notes at Washington October 3, 1947, and February 21,
May 3 and 20, and August 4, 1949
Entered into force August 4, 1949
Terminated upon payment of claims 1
[For text, see 3 UST 4914; TIAS 2664.]
1 Payment of claims authorized and money appropriated by Act of Congress approved
Dec. 21, 1950 (64 Stat. 1117). For final settlement, see Whiteman's Digest of Interna-
tional Law, vol. 1 1, p. 209.
381
Romania
RIGHTS, PRIVILEGES, AND IMMUNITIES
OF CONSULAR OFFICERS
Convention signed at Bucharest June 17, 1881
Senate advice and consent to ratification April 3, 1882
Ratified by the President of the United States April 6, 1882
Ratified by Romania March 4, 1883
Ratifications exchanged at Bucharest June 13, 1883
Entered into force June 13, 1883
Proclaimed by the President of the United States July 9, 1883
Articles XI and XII abrogated by the United States July 1, 1916 x
Revived (after World War II) February 26, 1948? pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 3
23 Stat. 711; Treaty Series 297
The United States of America and His Majesty the King of Roumania,
being mutually desirous of defining the rights, privileges and immunities
of consular officers in the two countries, deem it expedient to conclude a
consular convention for that purpose, and have accordingly named as their
plenipotentiaries :
The United States of America, Eugene Schuyler, their Charge d' Affaires
and Consul General;
His Majesty the King of Roumania: Mr. D. Bratiano, President of His
Council of Ministers, His Minister of Foreign Affairs, etc., etc., who, after
having communicated to each other their respective full powers, found to
be in good and proper form, have agreed upon the following articles :
Article I
Each of the high contracting parties agrees to receive from the other,
consuls-general, consuls, vice-consuls and consular agents, in all its ports,
1 In accordance with Seamen's Act of Mar. 4, 1915 (38 Stat. 1164).
2 Department of State Bulletin, Mar. 14, 1948, p. 356.
8 TIAS 1649, ante, vol. 4, p. 403.
382
CONSULAR RIGHTS— JUNE 17, 1881 383
cities and places, except those where it may not be convenient to recognize
such officers. This reservation, however, shall not apply to one of the high
contracting parties without also applying to every other power.
Article II
The consuls-general, consuls, vice-consuls and consular agents of each of
the two high contracting parties shall enjoy reciprocally, in the States of
the other, all the privileges, exemptions and immunities that are enjoyed
by officers of the same rank and quality of the most favored nation. The
said officers, before being admitted to the exercise of their functions and the
enjoyment of the immunities thereto pertaining, shall present their commis-
sions in the forms established in their respective countries. The government
of each of the two high contracting powers shall furnish them the necessary
exequatur free of charge, and, on the exhibition of this instrument they shall
be permitted to enjoy the rights, privileges, and immunities granted by this
convention.
Article III
Consuls-general, consuls, vice-consuls and consular agents, citizens of
the State by which they are appointed, shall be exempt from preliminary
arrest except in the case of offences which the local legislation qualifies as
crimes and punishes as such; they shall be exempt from military billet-
ing?, from service in the regular army or navy, in the militia, or in the na-
tional guard; they shall likewise be exempt from all direct taxes, national,
state or municipal, imposed upon persons, either in the nature of capitation
tax or in respect to their property, unless such taxes become due on account
of the possession of real estate, or for interest on capital invested in the
country where the said officers exercise their functions.
This exemption shall not, however, apply to consuls-general, consuls, vice-
consuls, or consular agents engaged in any profession, business, or trade, but
the said officers shall in such case be subject to the payment of the same taxes
that would be paid by any other foreigner under the like circumstances.
It is understood that the respective consuls, if they are merchants, shall be
entirely submitted, as far as concerns preliminary arrest for commercial acts,
to the legislation of the country in which they exercise their functions.
Article IV
When a court of one of the two countries shall desire to receive the
judicial declaration or deposition of a consul-general, consul, vice-consul,
or consular agent, who is a citizen of the State which appointed him, and
who is engaged in no commercial business, it shall request him, in writing, to
appear before it, and in case of his inability to do so, it shall request him to
give his testimony in writing, or shall visit his residence or office to obtain it
orally.
384 ROMANIA
It shall be the duty of such officer to comply with this request with as
little delay as possible.
In all criminal cases, contemplated by the sixth article of the amendments
to the Constitution of the United States, whereby the right is secured to
persons charged with crimes to obtain witnesses in their favour, the appear-
ance in court of said consular officer shall be demanded, with all possible
regard to the consular dignity and to the duties of his office. A similar treat-
ment shall also be extended to the consuls of the United States in Roumania
in the like cases.
Article V
Consuls-general, consuls, vice-consuls, and consular agents may place over
the outer door of their offices the arms of their nation, with this inscription :
Consulate-General, or Consulate, or Vice Consulate, or Consulate Agency
of the United States, or of Roumania.
They may also raise the flag of their country on their offices, except in
the capital of the country when there is a legation there. They may in like
manner, raise the flag of their country over the boat employed by them in
the port for the exercise of their functions.
Article VI
The consular offices shall at all times be inviolable. The local authorities
shall not, under any pretext, invade them. In no case shall they examine or
seize the papers there deposited. In no case shall those offices be used as places
of asylum. When a consular officer is engaged in other business, the papers
relating to the consulate shall be kept separate.
Article VII
In the event of the death, incapacity, or absence of consuls-general, con-
suls, vice-consuls, and consular agents, their chancellors or secretaries, whose
official character may have previously been made known to the Department
of State at Washington, or to the Ministry of Foreign Affairs in Roumania,
may temporarily exercise their functions, and while thus acting they shall
enjoy all the rights, prerogatives, and immunities granted to the incumbents.
Article VIII
Consuls-general and consuls may, so far as the laws of their country allow,
with the approbation of their respective governments, appoint vice-consuls
and consular agents in the cities, ports, and places within their consular ju-
risdiction. These agents may be selected from among citizens of the United
States, Roumanians, or citizens of other countries. They shall be furnished
with a regular commission, and shall enjoy the privileges stipulated for con-
sular officers in this convention, subject to the exceptions specified in Articles
3 and 4.
CONSULAR RIGHTS— JUNE 17, 1881 385
Article IX
Consuls-general, consuls, vice-consuls, and consular agents, shall have the
right to address the administrative and judicial authorities, whether in the
United States, of the Union, the States or the municipalities, or in Roumania,
of the State, the district or the commune, throughout the whole extent of
their consular jurisdiction, in order to complain of any infraction of the
treaties and conventions between the United States and Roumania, and for
the purpose of protecting the rights and interests of their countrymen. If the
complaint should not be satisfactorily redressed, the consular officers afore-
said, in the absence of a diplomatic agent of their country, may apply directly
to the government of the country where they exercise their functions.
Article X
Consuls-general, consuls, vice-consuls, and consular agents may take at
their offices, at their private residence, at the residence of the parties, or on
board ship, the depositions of the captains and crews of vessels of their own
country, of passengers on board of them, and of any other citizen of their
nation. They may also receive at their offices, conformably to the laws and
regulations of their country, all contracts between the citizens of their country
and the citizens or other inhabitants of the country where they reside, and
even all contracts between the latter, provided they relate to property situ-
ated or to business to be transacted in the territory of the nation to which
the said consular officer may belong.
Such papers and official documents of every kind, whether in the original,
in copies, or in translation, duly authenticated and legalized by the consuls-
general, consuls, vice-consuls, and consular agents, and sealed with their offi-
cial seal, shall be received as legal documents in courts of justice throughout
the United States and Roumania.
Article XI4
The respective consuls-general, consuls, vice-consuls, and consular agents
shall have exclusive charge of the internal order of the merchant vessels of
their nation, and shall alone take cognizance of all differences which may
arise, either at sea or in port, between the captains, officers, and crews, with-
out exception, particularly in reference to the adjustment of wages and the
execution of contracts. The local authorities shall not interfere except when
the disorder that has arisen is of such a nature as to disturb tranquility and
public order on shore, or in the port, or when a person of the country or not
belonging to the crew shall be concerned therein.
In all other cases, the aforesaid authorities shall confine themselves to
lending aid to the consuls and vice-consuls or consular agents, if they are re-
* Abrogated by the United States July 1, 1916, in accordance with Seamen's Act of
Mar. 4, 1915 (38 Stat. 1164).
386 ROMANIA
quested by them to do so, in causing the arrest and imprisonment of any per-
son whose name is inscribed on the crew-list, whenever, for any cause, the
said officers shall think proper.
Article XII *
The respective consuls-general, consuls, vice-consuls, and consular agents
may cause to be arrested the officers, sailors, and all other persons making part
of the crews, in any manner whatever, of ships of war or merchant vessels of
their nation, who may be guilty, or be accused, of having deserted said ships
and vessels, for the purpose of sending them on board or back to their country.
To this end they shall address the competent local authorities of the respec-
tive countries, in writing, and shall make to them a written request for the
deserters, supporting it by the exhibition of the register of the vessel and list
of the crew, or by other official documents, to show that the persons claimed
belong to the said ship's company.
Upon such request thus supported, the delivery to them of the deserters
cannot be refused, unless it should be duly proved that they were citizens of
the country where their extradition is demanded at the time of their being
inscribed on the crew-list. All the necessary aid and protection shall be fur-
nished for the pursuit, seizure, and arrest of the deserters, who shall even be
put and kept in the prisons of the country, at the request and expense of the
consular officers until there may be an opportunity for sending them away.
If, however, such an opportunity should not present itself within the space of
three months, counting from the day of the arrest, the deserters shall be set
at liberty, nor shall they again be arrested for the same cause.
If the deserter has committed any misdemeanor, and the court having
the right to take cognizance of the offense shall claim and exercise it, the
delivery of the deserter shall be deferred until the decision of the court
has been pronounced and executed.
Article XIII
In the absence of an agreement to the contrary between the owners,
freighters, and insurers, all damages suffered at sea by the vessels of the two
countries, whether they enter port voluntarily, or are forced by stress of
weather, shall be settled by the consuls-general, consuls, vice-consuls, and
consular agents of the respective countries. If, however, any inhabitant
of the country, or citizen or subject of a third power, shall be interested in
the matter, and the parties cannot agree, the competent local authorities
shall decide.
Article XIV
All proceedings relative to the salvage of vessels of the United States
wrecked upon the coasts of Roumania, and of Roumanian vessels wrecked
CONSULAR RIGHTS— JUNE 17, 1881 387
upon the coasts of the United States, shall be directed by the consuls-
general, consuls, and vice-consuls of the two countries respectively, and
until their arrival, by the respective consular agents, wherever an agency
exists. In the places and ports where an agency does not exist, the local
authorities until the arrival of the consul in whose district the wreck may
have occurred, and who shall be immediately informed of the occurrence,
shall take all necessary measures for the protection of persons and the
preservation of wrecked property.
The local authorities shall not otherwise interfere than for the mainte-
nance of order, the protection of the interests of the salvors if these do not
belong to the crews that have been wrecked, and to carry into effect the
arrangements made for the entry and exportation of the merchandize
saved.
It is understood that such merchandize is not to be subjected to any
custom-house charges, unless it be intended for consumption in the country
where the wreck may have taken place.
The intervention of the local authorities in these different cases shall
occasion no expense of any kind, except such as may be caused by the
operations of salvage and the preservation of the goods saved, together with
such as would be incurred under similar circumstances by vessels of the
nation.
Article XV
In case of the death of any citizen of the United States in Roumania, or
of any Roumanian in the United States, without having any known heirs
or testamentary executor by him appointed, the competent local authori-
ties shall give information of the circumstance to the consuls or consular
agents of the nation to which the deceased belongs, in order that the neces-
sary information may be immediately forwarded to parties interested.
Consuls-general, consuls, vice-consuls, and consular agents shall have
the right to appear, personally or by delegate, in all proceedings on behalf
of the absent or minor heirs, or creditors, until they are duly represented.
Article XVI
The present convention shall remain in force for the space of ten years,
counting from the day of the exchange of the ratifications, which shall be
made in conformity with the respective constitutions of the two countries
and exchanged at Bucarest as soon as possible. In case neither party gives
notice, twelve months before the expiration of the said period of ten years,
of its intention not to renew this convention, it shall remain in force one
year longer, and so on from year to year, until the expiration of a year from
the day on which one of the parties shall have given such notice.
388 ROMANIA
In faith whereof, the respective plenipotentiaries have signed this con-
vention in duplicate, and have hereunto affixed their seals.
Done at Bucarest the 5-17 day of June in the year one thousand eight
hundred and eighty one.
Eugene Schuyler [-seal]
D. Bratiano [seal]
TRADEMARKS
Convention signed at Bucharest March 31, 1906
Senate advice and consent to ratification May 4, 1906
Ratified by the President of the United States May 10, 1906
Ratified by Romania June 20, 1906
Ratifications exchanged at Bucharest June 21, 1906
Proclaimed by the President of the United States June 25, 1906
Entered into force June 25, 1906
Revived (after World War II) February 26, 1948,1 pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 2
34 Stat. 2901 ; Treaty Series 451
The United States of America and His Majesty the King of Roumania
being desirous of securing a complete and effective protection of the manu-
facturing industry of the citizens and subjects of the two countries, the
undersigned, being duly authorized to that effect, have agreed upon the
following provisions:
Article I
The citizens and subjects of each of the high contracting parties shall
enjoy in the dominions and possessions of the other the same rights as
are given to native citizens or subjects in matters relating to trade-marks.
Article II
In order to secure to their marks the protection stipulated for by the
preceding article, American citizens in the Kingdom of Roumania and
Roumanian subjects in the United States of America, must fulfil the
formalities prescribed to that effect by the laws and regulations of the
country in which the protection is desired.
Article III
The present Convention shall take effect from the date of its official
publication in the two countries and shall remain in force until the expira-
1 Department of State Bulletin, Mar. 4, 1948, p. 356.
aTIAS 1649, ante, vol. 4, p. 403.
389
390 ROMANIA
tion of twelve months immediately following a denunciation made by one
or the other of the contracting parties.
In witness whereof, the undersigned have signed the present Convention
and have thereto affixed their seals.
Done in duplicate at Bucharest, March 18/31, 1906.
J. W. Riddle [seal]
General J. N. Lahovary [seal]
EXTRADITION
Treaty and related note signed at Bucharest July 23, 1924
Senate advice and consent to ratification February 10, 1925
Ratified by Romania February 24, 1925
Ratified by the President of the United States February 26, 1925
Ratifications exchanged at Bucharest April 7, 1925
Entered into force April 7, 1925
Proclaimed by the President of the United States April 14, 1925
Supplemented by treaty of November 10, 1936 1
Revived (after World War II) February 26, 1948,2 pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 3
44 Stat. 2020; Treaty Series 713
Treaty
The United States of America and His Majesty the King of Rumania
desiring to promote the cause of justice, have resolved to conclude a treaty
for the extradition of fugitives from justice between the two countries and
have appointed for that purpose the following Plenipotentiaries:
The President of the United States of America, Mr. Peter Augustus Jay,
Envoy Extraordinary and Minister Plenipotentiary of the United States in
Rumania: and
His Majesty, the King of Rumania, Mr. I. G. Duca, Minister for Foreign
Affairs :
Who, after having communicated to each other their respective full powers,
found to be in good and due form, have agreed upon and concluded the
following articles :
Article I
It is agreed that the Government of the United States and the Govern-
ment of Rumania shall, upon requisition duly made as herein provided,
deliver up to justice any person, who may be charged with, or may have
been convicted of, any of the crimes specified in Article II of the present
*TS 916, post,?. 423.
2 Department of State Bulletin, Mar. 14, 1948, p. 356.
*TIAS 1649, ante, vol. 4, p. 403.
391
392 ROMANIA
Treaty committed within the jurisdiction of one of the High Contracting
Parties, and who shall seek an asylum or shall be found within the terri-
tories of the other; provided that such surrender shall take place only upon
such evidence of criminality, as according to the laws of the place where
the fugitive or person so charged shall be found, would justify commitment
for trial if the crime or offense had been there committed.
Article II
Persons shall be delivered up according to the provisions of the present
Treaty, who shall have been charged with or convicted of any of the follow-
ing crimes :
1. Murder, comprehending the crimes designated by the terms parricide,
assassination, manslaughter when voluntary, poisoning or infanticide.
2 . The attempt to commit murder.
3. Rape, abortion, carnal knowledge of children under the age of twelve
years.
4. Abduction or detention of women or girls for immoral purposes.
5. Bigamy.
6. Arson.
7. Wilful and unlawful destruction or obstruction of railroads, which
endangers human life.
8 . Crimes committed at sea :
(a) Piracy, as commonly known and defined by the law of nations,
or by statute ;
(b) Wrongfully sinking or destroying a vessel at sea or attempting to
do so;
(c) Mutiny or conspiracy by two or more members of the crew or other
persons on board of a vessel on the high seas, for the purpose of rebelling
against the authority of the Captain or Commander of such vessel, or by
fraud or violence taking possession of such vessel ;
(d) Assault on board ship upon the high seas with intent to do bodily
harm.
9. Burglary, defined to be the act of breaking into and entering the house
of another in the night time with intent to commit a felony therein.
10. The act of breaking into and entering the offices of the Government
and public authorities, or the offices of banks, banking houses, savings banks,
trust companies, insurance and other companies, or other buildings not
dwellings with intent to commit a felony therein.
11. Robbery, defined to be the act of feloniously and forcibly taking
from the person of another goods or money by violence or by putting him in
fear.
12. Forgery or the utterance of forged papers.
EXTRADITION— JULY 23, 1924 393
13. The forgery or falsification of the official acts of the Government or
public authority, including Courts of Justice, or the uttering or fraudulent
use of any of the same.
14. The fabrication of counterfeit money, whether coin or paper, counter-
feit titles or coupons of public debt, created by National, State, Provincial,
Territorial, Local or Municipal Governments, bank notes or other instru-
ments of public credit, counterfeit seals, stamps, dies and marks of State
or public administrations, and the utterance, circulation or fraudulent use
of the above mentioned objects.
15. Embezzlement or criminal malversation committed within the juris-
diction of one or the other party by public officers or depositaries, where
the amount embezzled exceeds two hundred dollars or Rumanian
equivalent.
16. Embezzlement by any person or persons hired, salaried or employed,
to the detriment of their employers or principals, when the crime or offense
is punishable by imprisonment or other corporal punishment by the laws
of both countries, and where the amount embezzled exceeds two hundred
dollars or Rumanian equivalent.
17. Kidnapping of minors or adults, denned to be the abduction or
detention of a person or persons, in order to exact money from them, their
families or any other person or persons, or for any other unlawful end.
18. Larceny, defined to be the theft of effects, personal property, or
money, of the value of twenty-five dollars or more, or Rumanian equivalent.
19. Obtaining money, valuable securities or other property by false pre-
tences or receiving any money, valuable securities or other property know-
ing the same to have been unlawfully obtained, where the amount of money
or the value of the property so obtained or received exceeds two hundred
dollars or Rumanian equivalent.
20. Perjury or subornation of perjury.
21. Fraud or breach of trust by a bailee, banker, agent, factor, trustee,
executor, administrator, guardian, director or officer of any company or
corporation, or by any one in any fiduciary position, where the amount of
money or the value of the property misappropriated exceeds two hundred
dollars or Rumanian equivalent.
22. Grimes and offenses against the laws of both countries for the sup-
pression of slavery and slave trading.
23. Wilful desertion or wilful non-support of minor or dependent
children.4
24. Extradition shall also take place for participation in any of the crimes
before mentioned as an accessory before or after the fact; provided such
4 For an addition to list of crimes, see supplementary treaty of Nov. 10, 1936 (TS
916), post, p. 423.
394 ROMANIA
participation be punishable by imprisonment by the laws of both the High
Contracting Parties.
Article III
The provisions of the present Treaty shall not import a claim of extradi-
tion for any crime or offense of a political character, nor for acts connected
with such crimes or offenses; and no person surrendered by or to either of
the High Contracting Parties in virtue of this Treaty shall be tried or punished
for a political crime or offense. When the offense charged comprises the act
either of murder or assassination or of poisoning, either consummated or
attempted, the fact that the offense was committed or attempted against the
life of the Sovereign or Head of a foreign State or against the life of any mem-
ber of his family, shall not be deemed sufficient to sustain that such crime or
offense was of a political character; or was an act connected with crimes or
offenses of a political character.
Article IV
No person shall be tried for any crime or offense other than that for which
he was surrendered.
Article V
A fugitive criminal shall not be surrendered under the provisions hereof,
when, from lapse of time or other lawful cause, according to the laws of the
place within the jurisdiction of which the crime was committed, the criminal
is exempt from prosecution or punishment for the offense for which the sur-
render is asked.
Article VI
If a fugitive criminal whose surrender may be claimed pursuant to the
stipulations hereof, be actually under prosecution, out on bail or in custody,
for a crime or offense committed in the country where he has sought asylum,
or shall have been convicted thereof, his extradition may be deferred until
such proceedings be determined, and until he shall have been set at liberty in
due course of law.
Article VII
If a fugitive criminal claimed by one of the parties hereto, shall be also
claimed by one or more powers pursuant to treaty provisions, on account of
crimes committed within their jurisdiction, such criminal shall be delivered
to that State whose demand is first received.
Article VIII
Under the stipulations of this Treaty, neither of the High Contracting
Parties shall be bound to deliver up its own citizens.
EXTRADITION— JULY 23, 1924 395
Article IX
The expense of arrest, detention, examination and transportation of the
accused shall be paid by the Government which has preferred the demand
for extradition.
Article X
Everything found in the possession of the fugitive criminal at the time of
his arrest, whether being the proceeds of the crime or offense, or which may
be material as evidence in making proof of the crime, shall so far as prac-
ticable, according to the laws of either of the High Contracting Parties, be
delivered up with his person at the time of surrender. Nevertheless, the rights
of a third party with regard to the articles referred to, shall be duly respected.
Article XI
The stipulations of the present Treaty shall be applicable to all territory
wherever situated, belonging to either of the High Contracting Parties or in
the occupancy and under the control of either of them, during such occupancy
or control.
Requisitions for the surrender of fugitives from justice shall be made by
the respective diplomatic agents of the High Contracting Parties. In the
event of the absence of such agents from the country or its seat of Government,
or where extradition is sought from territory included in the preceding para-
graphs, other than the United States or Rumania, requisitions may be made
by superior consular officers. It shall be competent for such diplomatic or
superior consular officers to ask and obtain a mandate or preliminary warrant
of arrest for the person whose surrender is sought, whereupon the judges
and magistrates of the two Governments shall respectively have power and
authority, upon complaint made in accordance with the laws of the country
demanded, to issue a warrant for the apprehension of the person charged, in
order that he or she may be brought before such judge or magistrate, that the
evidence of criminality may be heard and considered and if, on such hear-
ing, the evidence be deemed sufficient to sustain the charge, it shall be the
duty of the examining judge or magistrate to certify it to the proper executive
authority, that a warrant may issue for the surrender of the fugitive.
In case of urgency, the application for arrest and detention may be ad-
dressed directly to the competent magistrate in conformity to the statutes in
force.
The person provisionally arrested shall be released, unless within two
months from the date of arrest in Rumania, or from the date of commitment
in the United States, the formal requisition for surrender with the docu-
mentary proofs hereinafter prescribed be made as aforesaid by the diplomatic
agent of the demanding Government or, in his absence, by a consular officer
thereof.
396 ROMANIA
If the fugitive criminal shall have been convicted of the crime for which
his surrender is asked, a copy of the sentence of the court before which such
conviction took place, duly authenticated, shall be produced. If, however,
the fugitive is merely charged with crime, a duly authenticated copy of the
warrant of arrest in the country where the crime was committed, and of the
depositions upon which such warrant may have been issued, shall be pro-
duced, with such other evidence or proof as may be deemed competent
in the case.
Article XII
In every case of a request made by either of the High Contracting Parties
for the arrest, detention or extradition of fugitive criminals, the appropriate
legal officers of the country where the proceedings of extradition are had,
shall assist the officers of the Government demanding the extradition before
the respective judges and magistrates, by every legal means within their
power; and no claim whatever for compensation for any of the services so
rendered shall be made against the Government demanding the extradition ;
provided, however, that any officer or officers of the surrendering Govern-
ment so giving assistance, who shall, in the usual course of their duty, receive
no salary or compensation other than specific fees for services performed,
shall be entitled to receive from the Government demanding the extradition
the customary fees for the acts or services performed by them, in the same
manner and to the same amount as though such acts or services had been
performed in ordinary criminal proceedings under the laws of the country
of which they are officers.
Article XIII
The present Treaty shall be ratified by the High Contracting Parties in
accordance with their respective constitutional methods and shall take effect
on the date of the exchange of ratifications which shall take place as soon as
possible.
Article XIV
The present Treaty shall remain in force for a period of ten years, and in
case neither of the High Contracting Parties shall have given notice one year
before the expiration of that period of its intention to terminate the Treaty,
it shall continue in force until the expiration of one year from the date on
which such notice of termination shall be given by either of the High Con-
tracting Parties.
In witness whereof the above-named Plenipotentiaries have signed the
present Treaty and have hereunto affixed their seals.
Done in duplicate at Bucharest, this twenty-third day of July, nineteen
hundred and twenty-four.
Peter A. Jay [seal]
I. G. Duca [seal]
EXTRADITION— JULY 23, 1924 397
Related Note
The American Minister to the Minister of Foreign Affairs
No. 78 Bucharest, July 23, 1924
In signing today with His Excellency Mr. I. G. Duca, the Minister for
Foreign Affairs of His Majesty the King of Rumania, the Treaty of Extra-
dition which has been negotiated between the Government of the United
States of America and the Royal Rumanian Government, the undersigned,
Minister Plenipotentiary and Envoy Extraordinary of the United States of
America at Bucharest, provided with full powers from his Government for
the conclusion of this Treaty, has the honor to confirm by this Note to the
Royal Rumanian Government the assurance that the death penalty will not
be enforced against criminals delivered by Rumania to the United States
of America for any of the crimes enumerated in the said Treaty, and that
such assurance is, in effect, to form part of the Treaty and shall be mentioned
in the ratifications of the Treaty.
In order to make this assurance in the most effective manner possible, it
is agreed by the Government of the United States that no person charged
with crime shall be extraditable from Rumania to the United States, upon
whom the death penalty can be inflicted for the offense charged by the laws
of the country where the trial is pending.
This agreement on the part of the United States will be mentioned in
the ratifications of the Treaty and will, in effect, form part of the Treaty.
Peter A. Jay
American Minister
His Excellency
Mr. I. G. Duca
Minister for Foreign Affairs
of His Majesty the King of
Rumania
DEBT FUNDING
Agreement signed at Washington December 4, 1925
Operative from June 15, 1925
Ratified by Romania March 17, 1926
Approved by Act of Congress of May 3, 1926 1
Modified July 1, 1931, by agreement of June 11, 1932 2
Revived (after World War II) February 26, 1948? pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 *
Treasury Department print
Agreement,
Made the fourth day of December, 1925, at the City of Washington, District
of Columbia, between The Kingdom of Rumania, hereinafter called
Rumania, party of the first part, and The United States of Amer-
ica, hereinafter called the United States, party of the second part
Whereas, Rumania is indebted to the United States as of June 15, 1925,
upon obligations in the aggregate principal amount of $36,128,494.94, to-
gether with interest accrued and unpaid thereon ; and
Whereas, Rumania desires to fund said indebtedness to the United States,
both principal and interest, through the issue of bonds to the United States,
and the United States is prepared to accept bonds from Rumania upon the
terms and conditions hereinafter set forth ;
Now, therefore, in consideration of the premises and of the mutual cove-
nants herein contained, it is agreed as follows :
1. Amount of Indebtedness. The amount of the indebtedness to be
funded, after allowing for cash payments made or to be made by Rumania
and the credit set out below, is $44,590,000, which has been computed as
follows :
1 44 Stat. 385.
3 Post, p. 420.
3 Department of State Bulletin, Mar. 14, 1948, p. 356.
* TIAS 1649, ante, vol. 4, p. 403.
398
DEBT FUNDING — DECEMBER 4, 1925
399
Principal amount of indebtedness to be funded $36, 128, 494. 94
Interest accrued and unpaid thereon to December 15, 1922, at the rate of
4J4 per cent a year 5, 365, 806. 08
Total indebtedness as of December 15, 1922 $41,494,301.02
Interest accrued and unpaid thereon to June 15, 1925, at the rate of
3 per cent a year 3, 112, 072. 59
$44,606,373.61
Credits allowed by War Department for material, together with interest
thereon
11,922.07
Total net indebtedness as of June 15, 1925 $44, 594, 451. 54
To be paid in cash upon execution of agreement 4, 451. 54
Total indebtedness to be funded into bonds $44, 590, 000. 00
2. Payment. In order to provide for the payment of the indebtedness
thus to be funded Rumania will issue to the United States at par bonds of
Rumania dated June 15, 1925, in the principal amounts and maturing seri-
ally on the several dates fixed in the following schedule :
1926
1927
1928
1929
1930
1931
1932
1933
1934
1935
1936
June 15 —
$200,
300,
400,
500,
600,
700,
800,
1,000,
1, 200,
1, 400,
1,600,
1937 1,800.
1938
2, 000.
1939 2,200,
1940
1941
1942
1943
1944
1945
1946
1947
1948
1949
1950
1951
1952
1953
1954
1955
1956
1957
430,
445,
462,
478,
494,
512,
529,
548,
567,
587,
608,
629,
651,
673,
697,
722,
747,
773,
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
560. 43
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
June 15 —
$800,
828,
857,
887,
918,
950,
984,
018,
053,
090,
129,
168,
209,
252,
295,
341,
387,
436,
486,
539,
592,
648,
706,
765,
827,
891,
957,
026,
097,
2, 172,
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
000. 00
Total $66, 560, 560. 43
Provided, however, That Rumania, at its option, upon not less than
ninety days' advance notice to the United States, may postpone any payment
on account of principal falling due as hereinabove provided after June 15,
308-582-
400 ROMANIA
1939, to any subsequent June 15 or December 15 not more than two years
distant from its due date, but only on condition that in case Rumania shall
at any time exercise this option as to any payment of principal, the payment
falling due in the next succeeding year can not be postponed to any date more
than one year distant from the date when it becomes due unless and until the
payment previously postponed shall actually have been made, and the pay-
ment falling due in the second succeeding year can not be postponed at all
unless and until the payment of principal due two years previous thereto shall
actually have been made.
3. Form of Bond. All bonds issued or to be issued hereunder to the
United States shall be payable to the Government of the United States of
America, or order, and shall be signed for Rumania by its Envoy Extraordi-
nary and Minister Plenipotentiary at Washington, or by its other duly author-
ized representative. The bonds issued for the first fourteen annual payments
shall be substantially in the form set forth in the exhibit hereto annexed and
marked "Exhibit A", shall be issued in fourteen pieces in the principal
amounts fixed in the preceding schedule, maturing annually on June 15 of
each year up to and including June 15, 1939, and shall not bear interest
before maturity. The bonds maturing subsequent to June 15, 1939, shall be
substantially in the form set forth in the exhibit hereto annexed and marked
"Exhibit B", and shall be issued in 48 pieces with maturities and in denomi-
nations as hereinabove set forth and shall bear interest at the rate of 3 1/% %
per annum from June 15, 1939, payable semiannually on June 15 and De-
cember 15 of each year until the principal of such bonds shall be paid.
4. Method of Payment. All bonds issued or to be issued hereunder shall
be payable, as to both principal and interest, in United States gold coin of the
present standard of value, or, at the option of Rumania, upon not less than
thirty days' advance notice to the United States, in any obligations of the
United States issued after April 6, 1917, to be taken at par and accrued
interest to the date of payment hereunder.
All payments, whether in cash or in obligations of the United States, to be
made by Rumania on account of the principal of or interest on any bonds
issued or to be issued hereunder and held by the United States, shall be made
at the Treasury of the United States in Washington, or, at the option of the
Secretary of the Treasury of the United States, at the Federal Reserve Bank
of New York, and if in cash shall be made in funds immediately available on
the date of payment, or if in obligations of the United States shall be in form
acceptable to the Secretary of the Treasury of the United States under the
general regulations of the Treasury Department governing transactions in
United States obligations.
5. Exemption from Taxation. The principal and interest of all bonds
issued or to be issued hereunder shall be paid without deduction for, and shall
be exempt from, any and all taxes or other public dues, present or future,
DEBT FUNDING— DECEMBER 4, 1925 401
imposed by or under authority of Rumania or any political or local taxing
authority within the Kingdom of Rumania, whenever, so long as, and to the
extent that beneficial ownership is in (a) the Government of the United
States, (b) a person, firm, or association neither domiciled nor ordinarily
resident in Rumania, or (c) a corporation not organized under the laws of
Rumania.
6. Payments before Maturity. Rumania, at its option, on June 15 or
December 15 of any year, upon not less than ninety days' advance notice to
the United States, may make advance payments in amounts of $1,000 or
multiples thereof, on account of the principal of any bonds issued or to be
issued hereunder and held by the United States. Any such advance payments
shall be applied to the principal of such bonds as may be indicated by Ru-
mania at the time of the payment.
7. Exchange for Marketable Obligations. Rumania will issue to the
United States at any time, or from time to time, at the request of the Secretary
of the Treasury of the United States, in exchange for any or all of the bonds
issued hereunder and held by the United States, definitive engraved bonds
in form suitable for sale to the public, in such amounts and denominations as
the Secretary of the Treasury of the United States may request, in bearer
form, with provision for registration as to principal and /or in fully registered
form, and otherwise on the same terms and conditions, as to dates of issue
and maturity, rate or rates of interest, if any, exemption from taxation, pay-
ment in obligations of the United States issued after April 6, 1917, and the
like, as the bonds surrendered on such exchange. Rumania will deliver defini-
tive engraved bonds to the United States in accordance herewith within six
months of receiving notice of any such request from the Secretary of the
Treasury of the United States, and pending the delivery of the definitive en-
graved bonds will deliver, at the request of the Secretary of the Treasury of
the United States, temporary bonds or interim receipts in form satisfactory to
the Secretary of the Treasury of the United States within thirty days of the
receipt of such request, all without expense to the United States. The United
States, before offering any such bonds or interim receipts for sale in Rumania,
will first offer them to Rumania for purchase at par and accrued interest, if
any, and Rumania shall likewise have the option, in lieu of issuing any such
bonds or interim receipts, to make advance redemption, at par and accrued
interest, if any, of a corresponding principal amount of bonds issued here-
under and held by the United States. Rumania agrees that the definitive
engraved bonds called for by this paragraph shall contain all such provisions,
and that it will cause to be promulgated all such rules, regulations, and orders
as shall be deemed necessary or desirable by the Secretary of the Treasury of
the United States in order to facilitate the sale of the bonds in the United
States, in Rumania or elsewhere, and that if requested by the Secretary of the
Treasury of the United States, it will use its good offices to secure the listing
402 ROMANIA
of the bonds on such stock exchanges as the Secretary of the Treasury of the
United States may specify.
8. Cancellation and Surrender of Obligations. Upon the execution of
this Agreement, the delivery to the United States of the $66,560,560.43 prin-
cipal amount of bonds of Rumania to be issued hereunder, together with
satisfactory evidence of authority for the execution of this Agreement by the
representatives of Rumania and for the execution of the bonds to be issued
hereunder, the United States will cancel and surrender to Rumania at the
Treasury of the United States in Washington, the obligations of Rumania
held by the United States.
9. Notices. Any notice, request, or consent under the hand of the Sec-
retary of the Treasury of the United States, shall be deemed and taken as the
notice, request, or consent of the United States, and shall be sufficient if
delivered at the Legation of Rumania at Washington or at the office of the
Ministry of Finance in Rumania; and any notice, request, or election from or
by Rumania shall be sufficient if delivered to the American Legation at
Bucharest or to the Secretary of the Treasury at the Treasury of the United
States in Washington. The United States in its discretion may waive any
notice required hereunder, but any such waiver shall be in writing and shall
not extend to or affect any subsequent notice or impair any right of the
United States to require notice hereunder.
10. Compliance with Legal Requirements. Rumania represents and
agrees that the execution and delivery of this Agreement have in all respects
been duly authorized and that all acts, conditions, and legal formalities
which should have been completed prior to the making of this Agreement
have been completed as required by the laws of Rumania and in conformity
therewith.
1 1 . Counterparts. This Agreement shall be executed in two counterparts,
each of which shall have the force and effect of an original.
In witness whereof Rumania has caused this Agreement to be executed
on its behalf by N. Titulescu, Envoy Extraordinary and Minister Pleni-
potentiary to his Brittanic Majesty and President of the Rumanian Debt Fund-
ing Commission at Washington, thereunto duly authorized, subject, how-
ever, to ratification by Rumanian Parliament, and the United States has like-
wise caused this Agreement to be executed on its behalf by the Secretary of
the Treasury as Chairman of the World War Foreign Debt Commission, with
the approval of the President, subject, however, to the approval of Congress,
pursuant to the Act of Congress approved February 9, 1922,5 as amended by
5 42 Stat. 363.
DEBT FUNDING— DECEMBER 4, 1925 403
the Act of Congress approved February 28, 1923,6 and as further amended
by the Act of Congress approved January 21, 1925,7 all on the day and the
year first above written.
The Kingdom of Rumania
By
N. TlTULESCU
The United States of America
For the World War Foreign Debt Commission
By
A. W. Mellon
Secretary of the Treasury and
Chairman of the Commission
Approved :
Calvin Coolidge
President
EXHIBIT A
(Form of Bond)
The Kingdom of Rumania
$ No.
The Kingdom of Rumania, hereinafter called Rumania, for value received, promises to
pay to the Government of the United States of America, herinafter called the United
States, or order, on June 15, 19 , the sum of Dollars ($ ). This bond is
payable in gold coin of the United States of America of the present standard of value, or,
at the option of Rumania, upon not less than thirty days' advance notice to the United
States, in any obligations of the United States issued after April 6, 1917, to be taken at par
and accrued interest to the date of payment hereunder.
This bond is payable without deduction for, and is exempt from, any and all taxes
and other public dues, present or future, imposed by or under authority of Rumania or any
political or local taxing authority within Rumania, whenever, so long as, and to the extent
that, beneficial ownership is in (a) the Government of the United States, (b) a person,
firm, or association neither domiciled nor ordinarily resident in Rumania, or (c) a corpo-
ration not organized under the laws of Rumania. This bond is payable at the Treasury of
the United States in Washington, D.C., or at the option of the Secretary of the Treasury
of the United States at the Federal Reserve Bank of New York.
This bond is issued pursuant to the provisions of paragraph 2 of an Agreement dated
December 4, 1925, between Rumania and the United States, to which Agreement this bond
is subject and to which reference is hereby made.
IN WITNESS WHEREOF, Rumania has caused this bond to be executed in its behalf
by its
at the City of Washington, District of Columbia, thereunto duly authorized, as of June 15,
1925.
The Kingdom of Rumania
By
"42 Stat. 1325.
' 43 Stat. 763.
404 ROMANIA
EXHIBIT B
(Form of Bond)
The Kingdom of Rumania
No.
The Kingdom of Rumania, hereinafter called Rumania, for value received, promises to
pay to the Government of the United States of America, hereinafter called the United
States, or order, on June 15, 19 , the sum of Dollars ($ ),
and to pay interest upon said principal sum from June 15, 1939, at the rate of 3/2% per
annum, payable semiannually on the 15th day of December and June in each year, until
the principal hereof has been paid. This bond is payable as to both principal and interest
in gold coin of the United States of America of the present standard of value, or, at the
option of Rumania, upon not less than thirty days' advance notice to the United States,
in any obligations of the United States issued after April 6, 1917, to be taken at par and
accrued interest to the date of payment hereunder.
This bond is payable as to both principal and interest without deduction for, and is
exempt from, any and all taxes and other public dues, present or future, imposed by or
under authority of Rumania or any political or local taxing authority within the Kingdom
of Rumania, whenever, so long as, and to the extent that, beneficial ownership is in (a)
the Government of the United States, (b) a person, firm, or association neither domiciled
nor ordinarily resident in Rumania, or (c) a corporation not organized under the laws of
Rumania. This bond is payable as to both principal and interest at the Treasury of the
United States in Washington, D.C., or at the option of the Secretary of the Treasury
of the United States at the Federal Reserve Bank of New York.
This bond is issued pursuant to the provisions of paragraph 2 of an Agreement dated
December 4, 1925, between Rumania and the United States, to which Agreement this bond
is subject and to which reference is hereby made.
IN WITNESS WHEREOF, Rumania has caused this bond to be executed in its behalf
by its
at the City of Washington, District of Columbia, thereunto duly authorized, as of June 15,
1925.
The Kingdom of Rumania
By
MOST-FAVORED-NATION TREATMENT
IN CUSTOMS MATTERS
Exchange of notes at Bucharest February 26, 1926
Entered into force February 26, 1926
Terminated September 1, 1930 1
Treaty Series 733
The American Minister to the Minister of Foreign Affairs
American Legation
Bucharest, Rumania
no. 16 February 26, 1926
Mr. Minister:
I have the honor to make the following statement of my understanding of
the agreement reached through recent conversations held at Bucharest on
behalf of the Government of the United States and the Government of
Rumania with reference to the treatment which the United States shall accord
to the commerce of Rumania and which Rumania shall accord to the com-
merce of the United States.
These conversations have disclosed a mutual understanding between the
two Governments which is that in respect of import and export duties and
other duties and charges affecting commerce, as well as in respect of transit,
warehousing and other facilities, and the treatment of commercial travelers'
samples, the United States will accord to Rumania, and Rumania will accord
to the United States, its territories and possessions, unconditional most-
favored-nation treatment ; and that in the matter of licensing or prohibitions
of imports and exports, each country, so far as it at any time maintains such a
system, will accord to the commerce of the other treatment as favorable, with
respect to commodities, valuations and quantities, as may be accorded to the
commerce of any other country.
It is understood that
No higher or other duties shall be imposed on the importation into or dis-
position in the United States, its territories or possessions, of any articles the
1 Pursuant to notice of termination given by Romania June 30, 1930. (Romania gave
notice of termination Nov. 29, 1929, but in notes dated Feb. 24, Apr. 17, and June 30, 1930,
asked for continuation first until May 1, then until July 1, and finally until Sept. 1, 1930.)
405
406 ROMANIA
produce or manufacture of Rumania than are or shall be payable on like
articles the produce or manufacture of any foreign country;
No higher or other duties shall be imposed on the importation into or dis-
position in Rumania of any articles the produce or manufacture of the United
States, its territories or possessions, than are or shall be payable on like articles
the produce or manufacture of any foreign country;
Similarly, no higher or other duties shall be imposed in the United States,
its territories or possessions, or in Rumania, on the exportation of any articles
to the other or to any territory or possession of the other, than are payable on
the exportation of like articles to any foreign country ;
Every concession with respect to any duty, charge or regulation affecting
commerce now accorded or that may hereafter be accorded by the United
States or by Rumania, by law, proclamation, decree or commercial treaty or
agreement, to the products of any third country will become immediately
applicable without request and without compensation to the commerce of
Rumania and of the United States and its territories and possessions,
respectively;
Provided that this understanding does not relate to
( 1 ) The treatment which the United States accords or may hereafter
accord to the commerce of Cuba or any of the territories or possessions
of the United States or the Panama Canal Zone, or to the treatment which
is or may hereafter be accorded to the commerce of the United States with
any of its territories or possessions or to the commerce of its territories or
possessions with one another.
(2) Prohibitions or restrictions of a sanitary character or designed to
protect human, animal or plant life or regulations for the enforcement of
police or revenue laws.
The present arrangement shall become operative on the day of signature,
and, unless sooner terminated by mutual agreement, shall continue in force
until thirty days after notice of its termination shall have been given by
either party; but should either party be prevented by future action of its
legislature from carrying out the terms of this arrangement, the obliga-
tions thereof shall thereupon lapse.
I shall be glad to have your confirmation of the accord thus reached.
Accept, Sir, the renewed assurances of my highest consideration.
W. S. CULBERTSON
His Excellency
Mr. I. G. Duca
Minister for Foreign Affairs, Bucharest
MOST-FAVORED-NATION TREATMENT— FEBRUARY 26, 1926 407
The Minister of Foreign Affairs to the American Minister
[translation]
MINISTER FOR FOREIGN AFFAIRES
No. 12006 Bucharest, February 26, 1926
Mr. Minister:
I have the honor to send you the following statement concerning the
agreement reached through recent conversations held at Bucharest on behalf
of the Government of the United States and the Government of Rumania
with reference to the treatment which the United States shall accord to the
commerce of Rumania and which Rumania shall accord to the commerce
of the United States.
[For text of understanding, see U.S. note, above.]
I shall be glad to have your confirmation of the accord thus reached.
Accept, Sir, the renewed assurances of my highest consideration.
I. G. Duca
Minister
His Excellency
Monsieur William Smith Culbertson
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America
308-582—73-
ARBITRATION
Treaty signed at Washington March 21, 1929
Senate advice and consent to ratification May 22, 1929
Ratified by the President of the United States June 4, 1929
Ratified by Romania June 20, 1929
Ratifications exchanged at Washington July 22, 1929
Entered into force July 22, 1929
Proclaimed by the President of the United States July 22, 1929
Revived {after World War II) February 26, 1948,1 pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 2
46 Stat. 2336; Treaty Series 794
The President of the United States of America and His Majesty the King
of Rumania
Determined to prevent so far as in their power lies any interruption in the
peaceful relations that have always existed between the two nations;
Desirous of reaffirming their adherence to the policy of submitting to im-
partial decision all justiciable controversies that may arise between them ; and
Eager by their example not only to demonstrate their condemnation of
war as an instrument of national policy in their mutual relations, but also to
hasten the time when the perfection of international arrangements for the
pacific settlement of international disputes shall have eliminated forever the
possibility of war among any of the Powers of the world ;
Have decided to conclude a treaty of arbitration and for that purpose they
have appointed as their respective Plenipotentiaries :
The President of the United States of America :
Mr. Frank B. Kellogg, Secretary of State of the United States of America ;
and
His Majesty the King of Rumania:
Mr. Georges Cretziano, His Majesty's Envoy Extraordinary and Minister
Plenipotentiary to the United States of America;
Who, having communicated to one another their full powers found in
good and due form, have agreed upon the following articles :
1 Department of State Bulletin, Mar. 14, 1948, p. 356.
1 TIAS 1649, ante, vol. 4, p. 403.
408
ARBITRATION— MARCH 21, 1929 409
Article I
All differences relating to international matters in which the High Con-
tracting Parties are concerned by virtue of a claim of right made by one
against the other under treaty or otherwise, which it has not been possible to
adjust by diplomacy, which have not been adjusted as a result of reference
to an appropriate commission of conciliation, and which are justiciable in
their nature by reason of being susceptible of decision by the application of
the principles of law or equity, shall be submitted to the Permanent Court of
Arbitration established at The Hague by the Convention of October 18,
1907,3 or to some other competent tribunal, as shall be decided in each case
by special agreement, which special agreement shall provide for the organiza-
tion of such tribunal if necessary, define its powers, state the question or
questions at issue, and settle the terms of reference.
The special agreement in each case shall be made on the part of the United
States of America by the President of the United States of America by and
with the advice and consent of the Senate thereof, and on the part of Ru-
mania in accordance with its constitutional laws.
Article II
The provisions of this treaty shall not be invoked in respect of any dispute
the subject matter of which
(a) is within the domestic jurisdiction of either of the High Contracting
Parties,
( b ) involves the interests of third Parties,
(c) depends upon or involves the maintenance of the traditional attitude
of the United States concerning American questions, commonly described
as the Monroe Doctrine,
(d) depends upon or involves the observance of the obligations of Ru-
mania in accordance with the Covenant of the League of Nations.4
Article III
The present treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate thereof, and by
His Majesty the King of Rumania in accordance with the Constitutional laws
of that Kingdom.
The ratifications shall be exchanged at Washington as soon as possible, and
the treaty shall take effect on the date of the exchange of the ratifications. It
3 TS 536, ante, vol. 1, p. 577.
4 Ante, vol. 2, p. 48.
410 ROMANIA
shall thereafter remain in force continuously unless and until terminated by
one year's written notice given by either High Contracting Party to the other.
In faith whereof the respective Plenipotentiaries have signed this treaty
in duplicate in the English and French languages, both texts having equal
force, and hereunto affixed their seals.
Done at Washington the twenty-first day of March one thousand nine
hundred and twenty-nine.
Frank B. Kellogg [seal]
G. Cretziano [seal]
CONCILIATION
Treaty signed at Washington March 21, 1929
Senate advice and consent to ratification May 22, 1929
Ratified by the President of the United States June 4, 1929
Ratified by Romania June 20, 1929
Ratifications exchanged at Washington July 22, 1929
Entered into force July 22, 1929
Proclaimed by the President of the United States July 22, 1929
Revived (after World War II) February 26, 1948, ^ pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 2
46 Stat. 2339; Treaty Series 795
The President of the United States of America and His Majesty the King
of Rumania,
Being desirous to strengthen the bonds of amity that bind them together
and also to advance the cause of general peace, have resolved to enter into
a treaty for that purpose, and to that end have appointed as their
plenipotentiaries :
The President of the United States of America:
Mr. Frank B. Kellogg, Secretary of State of the United States of America;
and
His Majesty the King of Rumania :
Mr. Georges Cretziano, His Majesty's Envoy Extraordinary and Minister
Plenipotentiary to the United States of America;
Who, after having communicated to each other their respective full
powers, found to be in proper form, have agreed upon and concluded the
following articles :
Article I
Any disputes arising between the Government of the United States of
America and the Government of Rumania, of whatever nature they may
be, shall, when ordinary diplomatic proceedings have failed and the High
1 Department of State Bulletin, Mar. 14, 1948, p. 356.
2 TIAS 1649, ante, vol. 4, p. 403.
411
412 ROMANIA
Contracting Parties do not have recourse to adjudication by a competent
tribunal, be submitted for investigation and report to a permanent Inter-
national Commission constituted in the manner prescribed in the next suc-
ceeding Article; and they agree not to declare war or begin hostilities during
such investigation and before the report is submitted.
Article II
The International Commission shall be composed of five members, to be
appointed as follows: One member shall be chosen from each country, by
the Government thereof; one member shall be chosen by each Government
from some third country; the fifth member shall be chosen by common agree-
ment between the two Governments, it being understood that he shall not
be a citizen of either country. The expenses of the Commission shall be paid
by the two Governments in equal proportions.
The International Commission shall be appointed within six months after
the exchange of ratifications of this treaty; and vacancies shall be filled ac-
cording to the manner of the original appointment.
Article III
In case the High Contracting Parties shall have failed to adjust a dispute
by diplomatic methods, and they do not have recourse to adjudication by a
competent tribunal, they shall at once refer it to the International Com-
mission for investigation and report. The International Commission may,
however, spontaneously by unanimous agreement offer its services to that
effect, and in such case it shall notify both Governments and request their
cooperation in the investigation.
The High Contracting Parties agree to furnish the Permanent Interna-
tional Commission with all the means and facilities required for its investiga-
tion and report.
The report of the Commission shall be completed within one year after
the date on which it shall declare its investigation to have begun, unless the
High Contracting Parties shall limit or extend the time by mutual agreement.
The report shall be prepared in triplicate ; one copy shall be presented to each
Government, and the third retained by the Commission for its files.
The High Contracting Parties reserve the right to act independently on
the subject matter of the dispute after the report of the Commission shall have
been submitted.
Article IV
The present treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate thereof, and by
His Majesty the King of Rumania in accordance with the provisions of the
Rumanian Constitution.
CONCILIATION— MARCH 21, 1929 413
The ratifications shall be exchanged at Washington as soon as possible,
and the treaty shall take effect on the date of the exchange of the ratifications.
It shall thereafter remain in force continuously unless and until terminated
by one year's written notice given by either High Contracting Party to the
other.
In faith whereof the respective Plenipotentiaries have signed this treaty
in duplicate in the English and French languages, both texts having equal
force, and hereunto affixed their seals.
Done at Washington the twenty-first day of March, one thousand nine
hundred and twenty-nine.
Frank B. Kellogg [seal]
G. Cretziano [seal]
NARCOTIC DRUGS
Exchange of notes at Bucharest February 4, 1928, and April 17, 1929
Entered into force April 17, 1929
Revived {after World War II) February 26, 1948, x pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 2
Department of State files
The American Minister to the Minister of Foreign Affairs
[translation]
no. ii Bucharest, February 4, 1928
Mr. Minister:
In an endeavor to bring about stricter control of the illicit traffic in nar-
cotic drugs, the Treasury Department of the United States of America would
like to establish closer cooperation between the appropriate administrative
officials of my country and those of Rumania. Upon the request of the Treas-
ury Department I have been directed by my Government to transmit to you,
for consideration and approval of the Royal Government, the following
proposals :
1. The direct exchange between the Treasury Department and the ap-
propriate authorities of Rumania of information and evidence with refer-
ence to persons engaged in the illicit traffic. This would include such
information as photographs, criminal records, finger prints, Bertillon measure-
ments, description of the methods which the persons in question have been
found to use, the places from which they have operated, the partners they
have worked with, etc.
2. The immediate direct forwarding of information by letter or cable as
to the suspected movements of narcotic drugs, or of those involved in smug-
gling drugs, if such movements might concern the other country. Unless such
information as this reaches its destination directly and speedily it is useless.
3. Mutual cooperation in detective and investigating work.
1 Department of State Bulletin, Mar. 14, 1948, p. 356.
3 TIAS 1649, ante, vol. 4, p. 403.
414
NARCOTIC DRUGS— FEB. 4, 1928, AND APR. 17, 1929 415
The officer of the Treasury Department who would have charge, on be-
half of my Government, of the cooperation in the suppression of the illicit
traffic in narcotics is Colonel L. G. Nutt, whose mail and telegraph address
is Deputy Commissioner in Charge of Narcotics, Treasury Department,
Washington, D.C.
In case the proposed arrangement meets with the approval of the Royal
Government, I have been instructed by my Government to report by tele-
gram, giving the name and the title of the Rumanian Government official
with whom Colonel Nutt should communicate. I have the honor, therefore,
to request Your Excellency to kindly send me as soon as possible the reply of
the Royal Government to the above proposals of the Government of the
United States.
I avail myself of this occasion to renew to Your Excellency the assurances
of my highest consideration.
W. S. CULBERTSON
Minister of the United States of America
His Excellency
Mr. Ion G. Duca
Minister for Foreign Affaires, ad interim
Etc., Etc., Etc.
Bucharest
The Minister of Foreign Affairs to the American Minister
[translation]
MINISTRY OF FOREIGN AFFAIRS
No. 22683 Bucharest, April 17, 1929
Mr. Minister,
Referring to Note No. 38 of March 12th, which Your Excellency was so
kind as to send me, I have the honor to inform you that the Royal Govern-
ment fully shares the point of view of the Treasury Department of the
United States of America as to the necessity of a stricter control of harmful
drugs by means of the establishment of closer relations between the adminis-
trative authorities of the two countries by facilitating the exchange of in-
formation concerning such illegal trafficking.
The Direction of Public Security (La Direction Generate de la Surete de
l'Etat) has been directed, therefore, to transmit directly to Colonel L. G.
Nutt of the Treasury Department all information and facts which it possesses
concerning the question of narcotics in Rumania and to cooperate with the
416 ROMANIA
American administrative authorities with the view to curtailing the illegal
operations of those who traffic in drugs.
For the Minister,
G. Gafencu
His Excellency
Mr. Charles Wilson
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America
COMMERCE: MOST-FAVORED-NATION
TREATMENT
Provisional agreement signed at Bucharest August 20, 1930
Entered into force September 1 , 1930
Revived (after World War II) February 26, 1948,1 pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 z
Terminated July 27 , 1951 3
47 Stat. 2593; Executive Agreement Series 8
Provisional Commercial Agreement Between the
United States of America and Rumania
[translation]
The Undersigned,
Mr. Charles S. Wilson, Envoy Extraordinary and Minister Plenipoten-
tiary of the United States of America to Rumania, and Mr. Al. Vaida-
Voevod, Minister for Foreign Affairs ad interim of Rumania, desiring to
confirm and make a record of the understanding which they have reached
in the course of recent conversations in the names of their respective Govern-
ments with reference to the treatment which the United States shall accord
to the commerce of Rumania and which Rumania shall accord to the com-
merce of the United States, have signed this Provisional Agreement :
Article I
The nationals and enterprises having juridical personality, of each of the
two countries, shall enjoy in the territory of the other for their persons and
for their property, the most-favored-nation treatment in everything concern-
ing establishment, the exercise of their commerce or industry, as well as con-
cerning taxes and other charges.
The natural or manufactured products of each country, in everything
concerning importation, exportation, warehousing, transportation, transit,
and in general all sorts of commercial operations, shall also enjoy in the
1 Department of State Bulletin, Mar. 14, 1948, p. 356.
' TIAS 1649, ante, vol. 4, p. 403.
* Pursuant to notice of termination given by the United States June 27, 1951.
417
418 ROMANIA
territories of the other country the treatment accorded the most favored
nation. Likewise, the vessels of each country in everything concerning navi-
gation in the ports and territorial waters of the other country, shall enjoy
most-favored-nation treatment.
Consequently each of the two High Contracting Parties undertakes to
extend to the other, immediately and without compensation, every favor,
privilege, or decrease in duties which it has already extended, or which it
may in the future extend, in any of the respects mentioned, to any third
Power.
Article II
The most-favored-nation treatment shall apply also to the amount and
the collection of import duties and other duties, as well as to the customs
formalities and their application, to procedure, to the conditions of payment
of customs duties and other duties, to the classification of goods, to the inter-
pretation of customs tariffs and to the methods of analysis of goods.
Article III
The High Contracting Parties will reciprocally grant most-favored-nation
treatment in the matter of prohibitions and restrictions of imports and
exports.
Article IV
The most-favored-nation treatment is not applicable in cases which
concern :
(a) Special favors which have been, or shall be granted to bordering
countries to facilitate frontier traffic.
( b ) The special system of importation intended to facilitate the financial
settlements arising from the war of 1914-1918.
( c ) The rights and privileges accorded or which shall be accorded in the
future to one or more bordering states in economic or customs union with
either contracting party.
(d) The stipulations of this agreement do not extend to the treatment
which is accorded by the United States to the commerce of Cuba under the
provisions of the Commercial Convention concluded between the United
States and Cuba on December 11, 1902,4 or the provisions of any other com-
mercial convention which hereafter may be concluded between the United
States and Cuba. Such stipulations, moreover, do not extend to the treat-
ment which is accorded to the commerce between the United States and the
Panama Canal Zone or any other dependency of the United States, or to
the commerce of the dependencies of the United States with one another
under existing or future laws.
* TS 427, ante, vol. 6, p. 1 106, CUBA.
MOST-FAVORED-NATION TREATMENT— AUGUST 20, 1930 419
(e) Nothing in this agreement shall be construed as a limitation of the
right of either High Contracting Party to impose, on such terms as it may
see fit, prohibitions or restrictions of a sanitary character designed to protect
human, animal or plant life, or regulations for the enforcement of police or
revenue laws.
Article V
The present agreement shall enter into force on September first, 1930, and
unless sooner terminated by mutual agreement shall continue in force for
six months and thereafter until thirty days after notice of its termination
shall have been given by either party. Should either Government be pre-
vented by future action of its Legislature from carrying out the terms of this
agreement, the obligations thereof shall thereupon lapse.
Signed at Bucharest this 20th day of August, nineteen hundred and thirty.
Charles S. Wilson [seal]
Alex. Vaida Voevod [seal]
DEBT FUNDING
Agreement signed at Washington June 11, 1932, modifying agreement
of December 4, 1925
Operative from July 1 , 1931
Revived (after World War II) February 26, 1948,1 pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 2
Treasury Department print
Agreement,
Made the 11th day of June, 1932, at the City of Washington, District of
Columbia, between the Government of the Kingdom of Rumania,
hereinafter called Rumania, party of the first part, and the Government
of the United States of America, hereinafter called the United
States, party of the second part
Whereas, under the terms of the debt funding agreement between
Rumania and the United States, dated December 4, 1925,8 there is payable
by Rumania to the United States during the fiscal year beginning July 1,
1931 and ending June 30, 1932, in respect of the bonded indebtedness of
Rumania to the United States, the principal amount of $800,000 ; and
Whereas, a Joint Resolution of the Congress of the United States, ap-
proved December 23, 1931,4 authorizes the Secretary of the Treasury, with
the approval of the President, to make on behalf of the United States an
agreement with Rumania on the terms hereinafter set forth, to postpone the
payment of the amount payable by Rumania to the United States during
such year in respect of its bonded indebtedness to the United States; and
Whereas, Rumania hereby gives assurance to the satisfaction of the
President of the United States, of the willingness and readiness of Rumania
to make with the Government of each country indebted to Rumania in
respect of war, relief, or reparation debts, an agreement in respect of the
payment of the amount or amounts payable to Rumania with respect to
such debt or debts during such fiscal year, substantially similar to this Agree-
ment authorized by the Joint Resolution above mentioned ;
1 Department of State Bulletin, Mar. 14, 1948, p. 356.
J TIAS 1649, ante, vol. 4, p. 403.
'Ante, p. 398.
* 47 Stat. 3.
420
DEBT FUNDING— JUNE 11, 1932 421
Now, therefore, in consideration of the premises and of the mutual
covenants herein contained, it is agreed as follows:
1. Payment of the amount of $800,000, payable by Rumania to the
United States during the fiscal year beginning July 1 , 1931 and ending June
30, 1932, in respect of the bonded indebtedness of Rumania to the United
States, according to the terms of the agreement of December 4, 1925, above
mentioned, is hereby postponed so that such amount, together with interest
thereon at the rate of 4 per centum per annum from July 1, 1933, shall be
paid by Rumania to the United States in ten equal annuities of $97,500.16
each, payable in twenty equal installments, the first to be paid on January 2,
1934, the second on June 15, 1934, and the remainder to be paid successively
on December 15 and June 15 of each fiscal year beginning with the fiscal
year beginning July 1, 1934 and ending June 30, 1935, and concluding with
the fiscal year beginning July 1, 1942 and ending June 30, 1943. The bond
numbered 7 dated June 15, 1925 and maturing June 15, 1932, in the prin-
cipal amount of $800,000 delivered by Rumania to the United States under
the agreement of December 4, 1925, shall be retained by the United States
until the annuities due under this Agreement shall have been paid.
2. Except so far as otherwise expressly provided in this Agreement, pay-
ments of annuities under this Agreement shall be subject to the same terms
and conditions as payments under the agreement of December 4, 1925, above
mentioned. The proviso in paragraph 2 of such agreement, authorizing the
postponement of payments on account of principal, after June 15, 1939 and
the option of Rumania provided for in paragraph 4, to pay in obligations
of the United States, shall not apply to annuities payable under this Agree-
ment.
3. The agreement of December 4, 1925, between Rumania and the
United States, above mentioned, shall remain in all respects in full force and
effect except so far as expressly modified by this Agreement.
4. Rumania and the United States, each for itself, represents and agrees
that the execution and delivery of this Agreement have in all respects been
duly authorized and that all acts, conditions, and legal formalities which
should have been completed prior to the making of this Agreement have
been completed as required by the laws of Rumania and the United States,
respectively, and in conformity therewith.
5. This Agreement shall be executed in two counterparts, each of which
shall have the force and effect of an original.
In witness whereof, Rumania has caused this Agreement to be exe-
cuted on its behalf by its Envoy Extraordinary and Minister Plenipotentiary
at Washington, thereunto duly authorized, and the United States has like-
wise caused this Agreement to be executed on its behalf by the Secretary of
the Treasury, with the approval of the President, pursuant to a Joint Reso-
422
ROMANIA
lution of Congress approved December 23, 1931, all on the day and year
first above written.
The Kingdom of Rumania
By
Davila
Envoy Extraordinary and
Minister Plenipotenti-
tary
The United States of America
By
Ogden L. Mills
Secretary of the Treasury
Approved :
Herbert Hoover
President
EXTRADITION
Treaty signed at Bucharest November 10, 1936, supplementing treaty of
July 23, 1924
Senate advice and consent to ratification April 27, 1937
Ratified by the President of the United States May 19, 1937
Ratified by Romania July 7 , 1937
Ratifications exchanged at Bucharest July 27 , 1937
Entered into force July 27, 1937
Proclaimed by the President of the United States July 30, 1937
Revived {after World War II) February 26, 1948,1 pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 2
50 Stat. 1349 ; Treaty Series 916
The United States of America and The Kingdom of Rumania judging it
necessary to conclude an additional treaty to the treaty of extradition signed
at Bucharest on July 23, 1924,3 to complete the cases in which extradition
is granted between the two States, have appointed for this purpose as pleni-
potentiaries as follows :
The President of the United States of America :
Mr. Leland Harrison, Envoy Extraordinary and Minister Plenipotentiary
of the United States in Rumania; and
His Majesty The King of Rumania :
Mr. Victor Badulescu, Under Secretary for Foreign Affairs ;
Who, after having exchanged their credentials, recognized in due and
good form, have agreed to the following provisions :
Article I
The crimes and offenses which follow are added to Article II of the above
mentioned treaty, for which extradition may be granted, that is:
24. Crimes and offenses against the bankruptcy laws.
1 Department of State Bulletin, Mar. 14, 1948, p. 356.
' TIAS 1649, ante, vol. 4, p. 403.
8TS 713, ante, p. 391.
423
424 ROMANIA
Article II
The present treaty will be considered as forming an integral part of the
treaty of July 23, 1924, and, consequently, the list in Article II shall be so
completed that point 24 of the principal treaty shall become point 25.
Article III
The present treaty shall be ratified by the High Contracting Parties accord-
ing to their respective constitutional provisions and will come into force on the
day of exchange of ratifications, which will take place at Bucharest as soon
as possible.
Article IV
The present treaty will be in force for the duration of enforcement of the
treaty of July 23, 1924, and their application will cease at the same time.
In witness whereof the above-named plenipotentiaries have signed the
present treaty, drawn up in the English language and in the French language,
and have hereunto affixed their seals.
Done in duplicate, at Bucharest, the tenth day of the month of November
1936.
Leland Harrison [seal]
Victor Badulescu [seal]
REDUCTION OF VISA FEES FOR
NONIMMIGRANTS
Exchange of notes at Washington August 25, 29, and 30, 1939
Operative September 1 , 1939
Revived (after World War II) February 26, 1948, x pursuant to article
10 of treaty of peace signed at Paris February 10, 1947 2
Superseded by agreement of April 25, 1969 3
54 Stat. 2487 ; Executive Agreement Series 197
The Romanian Minister to the Secretary of State
Royal Legation of Romania
Washington, D. C.
The Minister of Romania presents his compliments to the Honorable the
Secretary of State, and, with reference to the Secretary's note of March 18,
1939 (No. 811.11101 Waivers 71), has the honor to advise him that the
Romanian Government agrees to the reciprocal reduction of the present
passport visa fees, under the following conditions:
The fee for the issuance of a passport visa, valid for a period of one year
and for an unlimited number of entries, is reciprocally established by the
Romanian Government and the Government of the United States at $3.75,
the application fee being included in this sum; this fee or its equivalent in
other currency is to be collected in the cases of nationals of either Govern-
ment, including citizens of the Philippine Islands, entering the territory of
the other, including the Philippine Islands, temporarily for business or plea-
sure.
The Romanian Government further agrees that the new fees go into effect
on September 1, 1939, after which date they are to remain in force until the
agreement should be terminated by either Government, upon six months'
notice to the other.
August 25, 1939.
1 Department of State Bulletin, Mar. 14, 1948, p. 356.
" TIAS 1649, ante, vol. 4, p. 403.
820UST699;TIAS6677.
425
426 ROMANIA
The Secretary of State to the Romanian Minister
The Secretary of State presents his compliments to the Honorable the
Minister of Rumania and has the honor to refer to his note no. 3021/C-l 10
of August 25, 1939 and previous correspondence concerning the reduction
of fees for nonimmigrant visas issued to citizens of the United States and
Rumania.
The Department is pleased to note that the Government of Rumania
agrees to the reciprocal reduction of passport visa fees under the following
conditions, to which the Government of the United States also agrees :
"The fee for the issuance of a passport visa, valid for a period of one year
and for an unlimited number of entries, is reciprocally established by the
Romanian Government and the Government of the United States at $3.75,
the application fee being included in this sum; this fee or its equivalent in
other currency is to be collected in the cases of nationals of either Govern-
ment, including citizens of the Philippine Islands, entering the territory of
the other, including the Philippine Islands, temporarily for business or
pleasure.
"The Romanian Government further agrees that the new fees go into effect
on September 1, 1939, after which date they are to remain in force until the
agreement should be terminated by either Government, upon six months'
notice to the other."
American diplomatic and consular officers are being appropriately in-
formed by cable regarding the conclusion of this agreement in order that it
may take effect beginning September 1 , 1939.
Although it is noted that no reference is made in the Legation's note to
transit visas, it is the Department's understanding that the Rumanian Gov-
ernment will continue to collect a fee of 34 Lei for the application for a tran-
sit visa and 34 Lei for the issuance of such a visa. American diplomatic and
consular officers will continue to issue transit certificates to citizens of Ru-
mania without fee.
Department of State
Washington, August 29, 1939
The Romanian Minister to the Secretary of State
Royal Legation of Romania
Washington, D. C.
The Romanian Minister presents his compliments to The Honorable, The
Secretary of State, and has the honor to acknowledge receipt of his note No.
VISA FEES— AUGUST 25, 29, AND 30, 1939 427
811.11101 Waivers 71, of August 29, 1939, concerning the reduction of non-
immigrant visa fees, with which the Romanian Government is in complete
accord.
August 30, 1939.
WAR GRAVES REGISTRATION AND
ASSOCIATED MATTERS
Exchange of notes at Bucharest June 19 and 28, 1946
Entered into force June 28, 1946
61 Stat. 4042 ; Treaties and Other
International Acts Series 1796
THE UNITED STATES MISSION
BUCHAREST. RUMANIA
The American Representative in Romania to the Minister of Foreign Affairs
June 19, 1946
Sir:
My Government desires to conclude with your Government a bilateral
agreement upon war graves registration and associated matters. I am attach-
ing a suggested text of such an agreement upon which I shall appreciate
your comments. If you find this text acceptable, I suggest that the agreement
can be concluded by an exchange of notes.
I desire to emphasize that it is now the intention of my Government to
arrange only for the right of temporary burial, and that permanent arrange-
ments now in existence or contemplated with regard to the establishment of
cemeteries will be cancelled under instructions sent to the United States
Military Representative by the United States War Department.
I shall be grateful if this matter is given your prompt consideration.
Very truly yours,
Burton Y. Berry
Representative of the United States
In Rumania
His Excellency
Gheorghe Tatarescu
The Royal Minister
For Foreign Affairs
[SUGGESTED TEXT OF AGREEMENT]
"The following shall govern relative to the disposal of the remains of de-
ceased persons who were citizens of the United States and/or who served or
428
WAR GRAVES— JUNE 19 AND 28, 1946 429
who accompanied the Armed Forces of the United States and are now buried
in Rumania or any possession or territory now or hereafter subject to the
control of the Rumanian Government.
"1. The United States, through its duly designated representatives shall
have the following rights, privileges and prerogatives :
"A. The Government of the United States shall have the right to estab-
lish and maintain such temporary cemeteries as are necessary for the burial
of deceased persons subject to its control and to make exhumations there-
from for repatriation or concentration into other cemeteries abroad; and
may move bodies from other countries into and/or through Rumania and
its territories and possessions for interment and/or trans-shipment.
"B. The Government of the United States shall be exempt from all
national, local or other laws and/or regulations relating to the permits for
disinterments; sanitation, upon an assurance that such work will be con-
ducted in a manner not detrimental to public health ; and from the payment
of any duties, taxes or fees of any kind whatsoever for the burial, disinter-
ment for reburial or movement of bodies or the maintenance of graves.
"C. The Government of the United States shall have the right of free
entrance and exit for all personnel, supplies, transportation (air, mail, ani-
mal, motor, and water) serving or belonging to the United States and the
use of air fields or port facilities, warehousing, living quarters, office space,
rail and water transportation and the right to employ labor in Rumania, its
territory and possessions, essential to the accomplishment of its mission upon
payment of just compensation therefor.
"D. The Government of the United States shall have the unrestricted
rights of search for the remains of members of its Armed Forces and/or its
citizens.
"E. The Government of the United States shall have the unrestricted
right to examine and copy all records, military or civilian, which may be of
assistance in locating the graves, or identifying the remains of its deceased
military or civilian personnel.
"F. The Government of the United States shall have the right to ques-
tion and examine citizens of Rumania and to take affidavits in furtherance
of its search for, and identification of remains of members of its Armed
Forces and /or its citizens.
"2. The Government of Rumania will render all possible assistance in
locating and securing the effects of deceased military and civilian personnel
of the United States, and upon demand and the furnishing of a proper re-
ceipt will turn over to representatives of the United States all effects so located
and secured.
"3. If in the future the Government of the United States wishes to estab-
lish permanent cemeteries or erect memorials in Rumania, the Rumanian
430 ROMANIA
Government will exercise its power of eminent domain to acquire title to
such sites and grant to the United States the right to use therein in perpetuity
upon payment by the United States of just compensation therefor. Any sites
acquired including improvements thereto and buildings constructed thereon
shall be exempt from any and all form of taxation, direct or indirect. The
provisions of paragraphs 1A, B and C will apply for the period of the agree-
ment, [to] the construction and maintenance of such permanent cemeteries
and memorials as may be desired."
The Secretary General of the Ministry for Foreign Affairs to the
American Representative in Romania
[translation]
ROYAL MINISTRY
FOR FOREIGN AFFAIRS
No. 24.152 Bucharest, June 28, 1946
Sir:
I have the honor to acknowledge the receipt of your letter of June 19 and
of the following text proposed by you for a bilateral agreement with regard
to war graves and matters relating to these graves :
[For text of agreement, see U.S. note, above.]
In answer to this letter I have the honor to inform you that the Rumanian
Government accepts your proposal, that it hereby considers the bilateral
agreement proposed in the foregoing terms, as definitively concluded and
that it will take immediate steps for its application by its authorities in agree-
ment with the delegate or delegates designated by you.
Very sincerely yours
B. Stoic a
Ambassador
Secretary General of the
Ministry of Foreign Affairs
His Excellency
Burton Y. Berry
Representative of the United States in Rumania
RELIEF ASSISTANCE
Exchanges of notes at Washington February 18 and 24, 1947, and at
Bucharest February 20 and 22, 1947
Entered into force February 22, 1947
Terminated upon fulfillment of its terms
Department of State files
The Secretary of State to the Romanian Minister
February 18, 1947
The Secretary of State presents his compliments to the Honorable the
Minister of Rumania, and, with reference to recent conversations between
the Minister and various officials of the United States Government concern-
ing emergency famine conditions in Rumania, has the honor to transmit
herewith a copy of a statement which has been released to the press by the
President of the United States.
The United States representative in Bucharest is being instructed to inform
the Rumanian Government of this action and to request that, in view of the
urgency of the matter, the Rumanian Government furnish the assurances
desired by the United States Government within forty-eight hours. The
nature of the assurances the United States seeks, some of which have already
been made known to the Minister orally, may be recapitulated as follows:
In the first instance, the United States Government wishes an expression
of the willingness of the Rumanian Government to furnish to the Rumanian
Red Cross such facilities and assistance as that organization will require in
effecting the immediate handling and distribution, under supervision of the
American Red Cross, of 4,500 tons of rations and 2,500 tons of beans to
the starving people of Moldavia without delay and without political, racial,
social, or religious discrimination. Secondly, with regard to allocations of
cereal grains for purchase by Rumania and in order that such allocations, as
well as remaining indigenous food, may be utilized effectively to prevent the
recurrence of the present emergency situation, the United States Government
requests that it be assured, with equal urgency, that so long as the existing
famine continues :
431
308-582— 73 29
432 ROMANIA
1 ) Rumania will not employ any grain for the payment of reparations.
2) Rumania will not export or permit the export of any grain from
Rumania for the repayment of grain loans from other countries, for trade
purposes, or for any other reasons.
3) United States representatives in Rumania will be free to observe, in
such manner as they see fit, the distribution within Rumania of grain from
United States sources, which distribution will likewise be effected without
political, racial, religious, or social discrimination, and
4) any seed grains from United States sources shall be used for their
intended purpose within Rumania.
If these assurances are forthcoming, the United States contemplates sup-
plementing the allocations of 17,000 tons of corn and 24,500 tons of seed
grains already granted by the International Emergency Food Council for
March with additional quantities of 17,000 tons monthly of corn in succeed-
ing months until conditions in Rumania ameliorate.
Department of State,
Washington, February 18, 1947
The Romanian Minister to the Secretary of State
Royal Legation of Romania
Washington, D.C.
The Minister of Romania presents his compliments to the Honorable
Secretary of State and, with reference to recent conversations between the
Minister and various officials of the United States Government, concerning
famine emergency conditions in Romania, and in answer to the State Depart-
ment's note of February 18, 1947, has the honor to inform the Honorable
Secretary of State that he has been authorized to transmit Him the assurances
desired by the Government of the United States of America to be granted
by the Royal Romanian Government.
These assurances run as follows :
1 . Romania undertakes not to export or allow any quantity of grain to be
exported from Romania for the payment of reparations or loans in grain
made in any other country, for trade or any other purposes, as long as the
existing famine conditions continue.
2. The Romanian Government will supply the representatives of the
United States in Romania with all statistical data and information concern-
ing the distribution of the grain sent by the United States, as well as with a
daily situation of this distribution, on the basis of a procedure established by
common agreement.
RELIEF ASSISTANCE— FEBRUARY 18-24, 1947 433
The distribution of the grain will be carried out without any political,
social, racial or religious discrimination.
3. All grain seed sent by the United States will be used within Romania.
4. In order to obtain the credits required for the purchase of grain and
to settle definitively all claims on German gold made by any countries con-
cerned, the Romanian Government agrees to hand over to the United States,
as mandatory of the aforesaid countries, the quantity of fifteen thousand
kilograms of gold of German origin.
The Minister of Romania avails himself of this opportunity to renew
to the Honorable the Secretary of State the expression of His highest
consideration.
Washington D.C., Febiuary24, 1947
The American Mission to the Ministry for Foreign Affairs
the united states mission
bucharest, rumania
February 20, 1947
The United States Mission presents its compliments to the Royal Ministry
for Foreign Affairs and has the honor to refer to recent conversations between
the Rumanian Minister at Washington and various officials of the United
States Government concerning emergency famine conditions in Rumania
and to transmit a copy of the statement released to the press by the President
of the United States.
The Mission has been instructed to inform the Rumanian Government
of the action taken by the President of the United States and to request that,
in view of the urgency in the matter, the Rumanian Government furnish the
assurances desired by the United States Government within 48 hours.
The nature of the assurances which the American Government seeks may
be recapitulated as follows :
Firstly, the United States Government wishes an expression of the willing-
ness of the Rumanian Government to furnish to the Rumanian Red Cross
such facilities and assistance as that organization will require in effecting the
immediate handling and distribution under the supervision of the American
Red Cross, of 4,500 tons of rations and 2,500 tons of beans to the starving
people of Moldavia without delay and without political, racial, social or
religious discrimination.
Secondly, with reference to cereal grain allocations for purchase by Ru-
mania and in order that such allocations, as well as remaining indigenous
food, may be utilized effectively to prevent the recurrence of the present emer-
434 ROMANIA
gency situation, the United States Government requests that it be assured,
with equal urgency, that, so long as the existing famine continues
( 1 ) Rumania will not employ any grain for the payment of reparations;
(2) Rumania will not export or permit the export of any grain from
Rumania for the repayment of grain loans from other countries, for trade
purposes, or for any other reason ;
( 3 ) United States representatives in Rumania will be free to observe, in
such manner as they see fit, the distribution within Rumania of grain from
United States sources, which distribution will likewise be effected without
political, racial, religious or social discrimination, and
(4) Any seed grain from United States sources shall be used for their
intended purposes within Rumania.
If these assurances are forthcoming, the United States contemplates sup-
plementing the allocations of 17,000 tons of corn and 24,500 tons of seed
grains already granted by the International Emergency Food Council for
March with additional quantities of 17,000 tons monthly of corn in succeed-
ing months until conditions in Rumania are ameliorated.
The Royal Ministry
for Foreign Affairs
Bucharest
The Ministry for Foreign Affairs to the American Mission
ROYAL (MINISTRY
FOR FOREIGN AFFAIRS
The Royal Ministry for Foreign Affairs presents its compliments to the
United States Mission and in reference to its note of February 20, 1947, has
the honor to inform it that the Roumanian Government wishes in the first
place to express all its gratitude to the United States Government for the as-
sistance which the American people are unhesitatingly lending to the Rou-
manian people at one of their most difficult hours.
With respect to the guarantees that the United States Government de-
mands of the Roumanian Government, the Royal Ministry for Foreign Af-
fairs informs the United States Mission that already on February 20, 1947, it
has authorized the Roumanian Minister in Washington to make the follow-
ing statement to the Department of State :
Roumania undertakes not to export or to permit the export from Rou-
mania of any quantity of cereal grain in payment of reparations or of grain
loans procured from any other country for commercial purposes or toward
any other end, as long as the present famine continues.
The Roumanian Government will hold at the disposal of the United
RELIEF ASSISTANCE— FEBRUARY 18-24, 1947 435
States representatives in Roumania all data or information as well as an up-
to-date survey of distributions of grain originating in the United States,
under a procedure settled by mutual agreement. Such distribution will be
effected without any political, social, racial or religious discrimination.
Any seed grain originating from the United States will be used within
Roumania.
With a view to obtaining the necessary credit for the purchase of cereal
grain and for the final liquidation of claims to German gold of any of the
nations concerned, the Roumanian Government agrees to cede to the United
States, as mandatory of such States, a quantity of 15 tons of gold of German
origin.
Bucharest, February, the 22, 1947
To the United States Mission
In Bucharest
The American Mission to the Ministry for Foreign Affairs
THE UNITED STATES MISSION
BUCHAREST, RUMANIA
The Mission of the United States of America presents its compliments
to the Royal Ministry for Foreign Affairs and with reference to the announce-
ment by the President of the United States of February 17, 1947, concerning
the dispatch of relief supplies for the people of Moldavia, has the honor, on
instructions from the Government of the United States, to bring the follow-
ing to the attention of the Royal Ministry.
The American Red Cross, upon whom responsibility rests for the distri-
bution of these supplies, will require on the part of the Rumanian Govern-
ment a guarantee that the Government will provide immediate and adequate
handling at the port of unloading as well as proper warehousing and protec-
tion, all necessary transportation being made available through the Rumanian
Red Cross. The American Red Cross will also require on the part of the
Rumanian Government a waiver of customs duties on these relief supplies
and approval of the immediate entry into Rumania of a small additional
staff of Red Cross representatives to assist in the supervision of the distribu-
tion of the supplies.
The Mission would appreciate receiving from the Royal Ministry an
urgent indication of its concurrences with the above requests.
Bucharest, February 20, 1947
The Royal Ministry
for Foreign Affairs
Bucharest
436 ROMANIA
The Ministry for Foreign Affairs to the American Mission
for foreign* arpairs Bucharest, February 22, 1947
The Royal Ministry for Foreign Affairs presents its compliments to the
United States Mission and in relation to its note of February 20, 1947, re-
garding the statement of February 1 7, of the President of the United States
and the sending of relief for the population in Moldavia, has the honor to
inform it that as soon as it had taken note of the assistance of the United
States Government, that has been organized through the American Red
Cross, the Roumanian Government has not failed to take urgent steps in
order that the mission in Roumania of the American Red Cross may be
accomplished in accordance with the specifications contained in the note of
February 20.
The Royal Ministry for Foreign Affairs wishes to mention that the Presi-
dent of the Council of Ministers has attended personally to the solution of
this matter.
To the United States Mission
In Bucharest
Samoa
FRIENDSHIP AND COMMERCE
Treaty signed at Washington January 17, 1878
Senate advice and consent to ratification, with amendments, Janu-
ary 30, 1878 x
Ratified by the President of the United States, with amendments,
February 8, 1878 x
Ratified by Samoa February 11, 1878
Ratifications exchanged at Washington February 11, 1878
Entered into force February 11, 1878
Proclaimed by the President of the United States February 13, 1878
Terminated by treaty of December 2, 1899, between the United States,
Germany, and Great Britain 2
20 Stat. 704; Treaty Series 312
The Government of the United States of America and the Government
of the Samoan Islands, being desirous of concluding a treaty of friendship
and commerce, the President of the United States has for this purpose con-
ferred full powers upon William M. Evarts, Secretary of State; and the Gov-
ernment of the Samoan Islands has conferred like powers upon MK. Le
Mamea, its Envoy Extraordinary to the United States. And the said Pleni-
potentiaries having exchanged their full powers, which were found to be in
due form, have agreed upon the following articles.
Article I
There shall be perpetual peace and friendship between the Government
of the United States and the Government of the Samoan Islands.
'The U.S. amendments called for two changes in the first sentence of art. IV: (1)
addition after the word "Samoa" of the phrase "under such regulations and limitations
as the United States may provide"; and (2) substitution of the word "officer" for "officers."
The text printed here is the amended text as proclaimed by the President.
2TS314)(77U<?,vol. l,p. 276.
437
438 SAMOA
Article II
Naval vessels of the United States shall have the privilege of entering and
using the port of Pagopago, and establishing therein and on the shores thereof
a station for coal and other naval supplies for their naval and commercial
marine, and the Samoan Government will hereafter neither exercise nor au-
thorize any jurisdiction within said port adverse to such rights of the United
States or restrictive thereof. The same vessels shall also have the privilege
of entering other ports of the Samoan Islands. The citizens of the United
States shall likewise have free liberty to enter the same ports with their ships
and cargoes of whatsoever kind, and to sell the same to any of the inhabi-
tants of those Islands, whether natives or foreigners, or to barter them for
the products of the Islands. All such traffic in whatever articles of trade or
barter shall be free, except that the trade in fire arms and munitions of war
in the Islands shall be subject to regulation by that Government.
Article III
No import or export duty shall be charged on the cargoes of the vessels
of the United States entering or clearing from the ports of the Samoan
Islands and no other than a tonnage duty of one half of one per cent, per
ton actual measurement, shall be charged on the entrance of such vessels.
Article IV
All disputes between citizens of the United States in the Samoan Islands,
whether relating to civil matters or to offences or crimes, shall be heard and
determined by the Consul of the United States at Apia, Samoa, under such
regulations and limitations as the United States may provide; and all dis-
putes between citizens of the United States and the people of those Islands,
shall be heard by that Consul in conjunction with such officer of the Samoan
Government as may be designated for that purpose. Crimes and offences in
cases where citizens of the United States may be convicted, shall be punished
according to the laws of their country; and in cases where the people of the
Samoan Islands may be convicted, they shall be punished pursuant to Samoan
laws and by the authorities of that country.
Article V
If unhappily, any differences should have arisen or shall hereafter arise,
between the Samoan Government and any other Government in amity with
the United States, the Government of the latter will employ its good offices
for the purpose of adjusting those differences upon a satisfactory and solid
foundation.
Article VI
The Government of Samoa agrees to allow to the Government and citi-
zens of the United States, free and equal participation in any privileges that
FRIENDSHIP AND COMMERCE— JANUARY 17, 1878 439
may have been or may hereafter be granted to the Government, citizens or
subjects of any other nation.
Article VII
The present treaty shall remain in force for ten years from its date. If
neither party shall have given to the other six months previous notice of its
intention then to terminate the same, it shall further remain in force until
the end of twelve months after either party shall have given notice to the
other of such intention.
Article VIII
The present treaty shall be ratified and the ratifications exchanged as soon
as possible.
In faith whereof, the Plenipotentiaries have signed and sealed this treaty
at Washington, the seventeenth day of January, one thousand eight hundred
and seventy-eight.
William Maxwell Evarts [seal]
MK. Le Mamea [seal]
308-582—73 30
San Marino
EXTRADITION
Treaty signed at Rome January 10, 1906
Ratified by San Marino February 19, 1906
Senate advice and consent to ratification April 17, 1908
Ratified by the President of the United States May 7 , 1908
Ratifications exchanged at Rome June 8, 1908
Proclaimed by the President of the United States June 12, 1908
Entered into force July 8, 1908
Supplemented by convention of October 10, 1934 1
35 Stat. 1971 ; Treaty Series 495
Treaty Between the United States of America and the Republic
of San Marino for the Mutual Extradition of Fugitive Criminals
The United States of America and the Republic of San Marino having
judged it expedient with a view to the better administration of justice and
the prevention of crime within their respective territories and jurisdictions,
that persons charged with or convicted of the crimes and offences herein-
after enumerated, and being fugitive from justice, should, under certain
circumstances, be reciprocally delivered up, have resolved to conclude a
Convention for that purpose and have appointed as their Plenipotentiaries :
The President of the United States of America, His Excellency, Henry
White, Ambassador Extraordinary and Plenipotentiary to the Kingdom of
Italy;
The Captains-Regent of the Republic of San Marino, His Excellency,
Senator Cavaliere Gaspare Finali, Cavaliere of the Supreme Order of the
*TS 891, post, p. 446.
440
EXTRADITION— JANUARY 10, 1906 441
S.S. Annunziata, etc. etc. Political Counsellor of the Republic of San
Marino :
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed upon and concluded the
following articles:
Article I
The Government of the United States and the Government of San Marino
mutually agree to deliver up persons who, having been charged, as princi-
pals or accessories, with or convicted of any of the crimes and offences
specified in the following article committed within the jurisdiction of one of
the contracting parties, shall seek an asylum or be found within the terri-
tories of the other: Provided, that this shall only be done upon such evi-
dence of criminality as, according to the laws of the place where the fugitive
or person so charged shall be found, would justify his or her apprehension
and commitment for trial if the crime had been there committed.
Article II
Persons shall be delivered up who shall have been convicted of or be
charged, according to the provisions of this convention, with any of the
following crimes:
1 . Murder, comprehending the crime of parricide, assassination, poison-
ing and infanticide.
2. The attempt to commit murder.
3. Rape, or attempt to commit rape. Bigamy. Abortion.
4. Arson.
5. Piracy, or mutiny on shipboard whenever the crew, or part thereof,
shall have taken possession of the vessel by fraud or by violence against the
commander.
6. Larceny; the crime of burglary, defined to be the act of breaking
and entering by night into the house of another with the intent to commit
felony; and the crime of robbery, defined to be the act of feloniously and
forcibly taking from the person of another money or goods by violence or
putting him in fear; and the corresponding crimes punished by the penal
code of San Marino under the description of thefts committed in an inhab-
ited house by night, and by breaking in by climbing or forcibly, and thefts
committed with violence or by means of threats.
7. The crime of forgery, by which is understood the utterance of forged
papers, and also the counterfeiting of public, sovereign, or governmental acts.
8. The fabrication or circulation of counterfeit money either coin or
paper, or of counterfeit public bonds, coupons of the public debt, bank
notes, obligations, or in general anything being a title or instrument of
442 SAN MARINO
credit; the counterfeiting of seals and dies, impressions, stamps, and marks
of State and public administrations, and the utterance thereof.
9. The embezzlement of public moneys committed within the jurisdic-
tion of either party by public officers or depositaries.
10. Embezzlement by any person or persons hired or salaried to the
detriment of their employers, when the crime is subject to punishment by
the laws of the place where it was committed, and the amount of money
or the value of the property embezzled is not less than two hundred dollars
or one thousand francs.
1 1 . Wilful and unlawful destruction or obstruction of railroads which
endangers human life.
12. Obtaining money, valuable securities or other property by false
pretences, when such act is made criminal by the laws of both countries
and the amount of money or the value of the property fraudulently obtained
is not less than two hundred dollars or one thousand francs.
13. Kidnapping of minors.
14. Reception of articles obtained by means of one of the crimes or
offences provided for by the present Convention.2
Extradition may also be granted for the attempt to commit any of the
crimes above enumerated when such attempt is punishable by the laws of
both contracting parties.
Article III
A person surrendered under this Convention shall not be tried or pun-
ished in the country to which his extradition has been granted, nor given
up to a third power for a crime or offence not provided for by the present
Convention and committed previously to his extradition, until he shall have
been allowed one month to leave the country after having been discharged ;
and, if he shall have been tried and condemned to punishment, he shall
be allowed one month after having suffered his penalty or having been
pardoned.
He shall moreover not be tried or punished for any crime or offence
provided for by this Convention committed previous to his extradition, other
than that which gave rise to the extradition, without the consent of the gov-
ernment which surrendered him, which may, if it think proper, require the
production of one of the documents mentioned in Article VII, of this
convention.
The consent of that government shall likewise be required for the extra-
dition of the accused to a third country; nevertheless, such consent shall not
be necessary when the accused shall have asked of his own accord to be
tried or to undergo his punishment, or when he shall not have left within
'For an addition to the list of crimes, see supplementary convention of Oct. 10, 1934
(TS 891), post, p. 446.
EXTRADITION— JANUARY 10, 1906 443
the space of one month above specified the territory of the country to which
he has been surrendered.
Article IV
The provisions of this convention shall not be applicable to persons guilty
of any political crime or offence or of one connected with such a crime or
offence. A person who has been surrendered on account of one of the com-
mon crimes or offences mentioned in Article II, shall consequently in no
case be prosecuted and punished in the state to which his extradition has
been granted on account of a political crime or offence committed by him
previously to his extradition or on account of an act connected with such a
political crime or offence, unless he has been at liberty to leave the country
for one month after having been tried and, in case of condemnation, for one
month after having suffered his punishment or having been pardoned.
Article V
Neither of the contracting parties shall be bound to deliver up its own
citizens or subjects under the stipulations of this convention.
Article VI
If the person whose surrender may be claimed pursuant to the stipulations
of the present treaty shall have been arrested for the commission of offences
in the country where he has sought an asylum, or shall have been convicted
thereof, his extradition may be deferred until he shall have been acquitted
or have served the term of imprisonment, to which he may have been
sentenced.
Article VII
Requisitions for the surrender of fugitives from justice shall be made by
the respective diplomatic agents of the contracting parties, or, in the event
of the absence of these, from the country or its seat of government, they may
be made by superior consular officers.
If the person, whose extradition may be asked for, shall have been con-
victed of a crime or offence, a copy of the sentence of the judicial authority,
by whom he may have been convicted, authenticated under its seal, and
attestation of the official character of the judge by the proper executive
authority, and of the latter by the minister or consul of the United States
or of San Marino respectively, shall accompany the requisition. When, how-
ever, the fugitive shall have been merely charged with crime, a duly authenti-
cated copy of the warrant for his arrest in the country where the crime may
have been committed, and of the depositions upon which such warrant may
have been issued, must accompany the requisition as aforesaid.
It shall be lawful for any competent judicial authority of the United
States, upon production of a certificate issued by the Secretary of State stat-
444 SAN MARINO
ing that a request has been made by the Government of San Marino for the
provisional arrest of a person convicted or accused of the commission therein
of a crime or offence extraditable under the provisions of this convention,
and upon complaint duly made that such crime or offence has been so
committed, to issue his warrant for the apprehension of such person. But if
the demand for surrender, with the formal proofs hereinbefore mentioned,
be not made as aforesaid by the diplomatic agent of the demanding govern-
ment, or, in his absence, by the competent consular officer, within forty days
from the date of the commitment of the fugitive, the prisoner shall be
discharged from custody.
And the Government of San Marino will, upon request of the Government
of the United States, transmitted through the diplomatic agent of the United
States, or, in his absence, through the competent consular officer, secure in
conformity with law the provisional arrest of persons convicted or accused
of the commission therein of crimes or offences extraditable under this Con-
vention. But if the demand for surrender, with the formal proofs herein-
before mentioned, be not made as aforesaid by the diplomatic agent of the
demanding government, or, in his absence, by the competent consular officer,
within forty days from the date of the commitment of the fugitive, the
prisoner shall be discharged from custody.
Article VIII
The expenses of the arrest, detention, examination and delivery of fugi-
tives under this convention shall be borne by the State, in whose name the
extradition is sought; Provided, that the demanding Government shall not
be compelled to bear any expense for the services of such officers of the
government from which extradition is sought as receive a fixed salary; and
provided that the charge for the services of such public officials as receive
only fees shall not exceed the fees to which such officials are entitled under
the laws of the country for services rendered in ordinary criminal proceedings.
Article IX
Extradition shall not be granted, in pursuance of the provisions of this
convention, if legal proceedings or the enforcement of the penalty for the
act committed by the person claimed has become barred by limitation,
according to the laws of the country to which the requisition is addressed.
Article X
All articles found in the possession of the accused party and obtained
through the commission of the act with which he is charged, or that may be
used as evidence of the crime for which his extradition is demanded, shall
be seized if the competent authority shall so order, and shall be surrendered
with his person. «,
EXTRADITION— JANUARY 10, 1906 445
The rights of third parties to the articles so found shall nevertheless be
respected.
Article XI
The present convention shall take effect thirty days after the exchange of
ratifications and shall continue to have binding force for six months after
a desire for its termination shall have been expressed in due form by one of
the two governments to the other.
It shall be ratified and its ratifications shall be exchanged at Rome as soon
as possible.
In witness whereof, the respective plenipotentiaries have signed the above
articles both in the English and Italian languages, and they have hereunto
affixed their seals.
Done, in duplicate, at Rome, Italy, this 10th day of January, 1906.
Henry White [seal]
Gaspare Finali [seal]
EXTRADITION
Convention signed at Washington October 10, 1934, supplementing
treaty of January 10, 1906
Senate advice and consent to ratification February 6, 1935
Ratified by the President of the United States February 25, 1935
Ratified by San Marino April 10, 1935
Ratifications exchanged at Washington June 28, 1935
Entered into force June 28, 1935
Proclaimed by the President of the United States July 2, 1935
49 Stat. 3198; Treaty Series 891
The United States of America and the Republic of San Marino, being
desirous of enlarging the list of crimes on account of which extradition may
be granted under the Convention concluded between the United States of
America and San Marino on January 10, 1906,1 with a view to the better
administration of justice and the prevention of crime within their respective
territories and jurisdictions, have resolved to conclude a Supplementary
Convention for this purpose and have appointed as their Plenipotentiaries:
The President of the United States of America, Cordell Hull, Secretary of
State of the United States of America ; and
The Captains-Regent of the Republic of San Marino, J. Robert Hewitt,
Consul General of the Republic of San Marino in the city of New York, and
Count Alfonso Facchetti Guiglia, Counselor of the Republic of San Marino ;
Who, after having communicated to each other their respective full powers,
which were found to be in due and proper form, have agreed to and con-
cluded the following articles :
Article I
The following crimes are added to the list of crimes numbered 1 to 14 in
Article II of the said Convention of January 10, 1906, on account of which
extradition may be granted, that is to say :
15. Crimes and offenses against the laws for fraudulent bankruptcy and
those of fraud or breach of guaranty by a banker, agent, factor, trustee,
1 TS 495, ante, p. 440.
446
EXTRADITION— OCTOBER 10, 1934 447
executor, administrator, guardian, director or officer of any company or cor-
poration or by any person having a legal fiduciary position.
Article II
The present Convention shall be considered as an integral part of said
Extradition Convention of January 10, 1906, and Article II of the last-
mentioned Convention shall be read as if the list of crimes therein contained
had originally comprised the additional crimes specified and numbered 15 in
the first Article of the present Convention.
The present Convention shall be ratified by the High Contracting Parties
in accordance with their respective constitutional methods, and shall take
effect on the date of the exchange of ratifications which shall take place at
Washington as soon as possible.
In witness whereof, the above-named Plenipotentiaries have signed
the present Convention in the English and Italian languages and have here-
unto affixed their seals.
Done, in duplicate, at Washington this 10th day of October, 1934.
Cordell Hull [seal]
J. Robert Hewitt [seal]
Alfonso Facchetti Guiglia [seal]
Sardinia
COMMERCE AND NAVIGATION
Treaty and separate article signed at Genoa November 26, 1838
Ratified by Sardinia December 1, 1838
Senate advice and consent to ratification March 2, 1839
Ratified by the President of the United States March 8, 1839
Ratifications exchanged at Washington March 18, 1839
Entered into force March 18, 1839
Proclaimed by the President of the United States March 18, 1839
Superseded by agreement of February 26, 1871, l between the United
States and Italy
8 Stat. 512 ; Treaty Series 316 2
Treaty
The United States of America and His Majesty the King of Sardinia,
desirous of consolidating the relations of good understanding which have
hitherto so happily subsisted between their respective States and of facilitating
and extending the commercial intercourse between the two countries, have
agreed to enter into negotiations for the conclusion of a treaty of commerce
and navigation, for which purpose the President of the United States has
conferred full powers on Nathaniel Niles, their Special Agent near His
Sardinian Majesty, and His Majesty the King of Sardinia has conferred like
powers on the Count Clement Solar de la Marguerite, Grand Cross of the
Military and Religious Order of S. Maurice and S. Lazarus, of Isabella the
Catholic of Spain, and Knight of the Order of Christ, his First Secretary of
State for the Foreign Affairs;
And the said Plenipotentiaries having exchanged their full powers, found
in good and due form, have concluded and signed the following articles:
1 TS 177, ante, vol. 9, p. 82, ITALY.
1 For a detailed study of this treaty, see 4 Miller 161.
448
COMMERCE AND NAVIGATION— NOVEMBER 26, 1838 449
Article I
There shall be between the territories of the high contracting parties a
reciprocal liberty of commerce and navigation. The inhabitants of their re-
spective States, shall mutually have liberty to enter the ports and commercial
places of the territories of each party, wherever foreign commerce is per-
mitted. They shall be at liberty to sojourn and reside in all parts whatsoever
of said territories in order to attend to their affairs, and they shall enjoy to
that effect the same security and protection as the natives of the country
wherein they reside, on condition of their submitting to the laws and ordi-
nances there prevailing.
Article II
Sardinian vessels arriving either laden or in ballast in the ports of the
United States of America, and reciprocally vessels of the United States arriv-
ing either laden or in ballast in the ports of the dominions of His Sardinian
Majesty, shall be treated on their entrance, during their stay, and at their
departure, upon the same footing as national vessels coming from the same
place, with respect to the duties of tonnage, light-houses, pilotage, and port
charges, as well as to the fees and perquisites of public officers and other duties
or charges of whatever kind or denomination, levied in the name or to the
profit of the Government, the local authorities, or of any private establish-
ment whatsoever.
Article III
All kind of merchandise and articles of commerce either the produce of
the soil or the industry of the United States of America or of any other coun-
try, which may be lawfully imported into the ports of the dominions of Sar-
dinia in Sardinian vessels, may also be so imported in vessels of the United
States of America without paying other or higher duties or charges of what-
ever kind or denomination levied in the name or to the profit of the Gov-
ernment, the local authorities or of any private establishment whatsoever,
than if the same merchandise or produce had been imported in Sardinian
vessels. And reciprocally all kind of merchandise and articles of commerce,
either the produce of the soil, or of the industry of the dominions of Sardinia
or of any other country, which may be lawfully imported into the ports of the
United States, in vessels of the said States, may also be so imported in Sar-
dinian vessels, without paying other or higher duties or charges, of whatever
kind or denomination, levied in the name or to the profit of the Government,
the local authorities, or of any private establishment whatsoever, than if the
same merchandise or produce had been imported in vessels of United States
of America.
Article IV
To prevent the possibility of any misunderstanding, it is hereby declared
that the stipulations contained in the two preceding articles are to their full
450 SARDINIA
extent applicable to Sardinian vessels and their cargoes arriving in the ports
of the United States of America, and reciprocally to vessels of the said States
and their cargoes arriving in the ports of the dominions of Sardinia, whether
the said vessels clear directly from the ports of the country to which they
respectively belong, or from the ports of any other foreign country.
Article V
All kind of merchandise and articles of commerce, which may lawfully be
exported from the ports of the United States of America in national vessels,
may also be exported therefrom in Sardinian vessels without paying other or
higher duties or charges, of whatever kind or denomination, levied in the
name or to the profit of the Government, the local authorities, or of any pri-
vate establishment whatsoever, than if the same merchandise or articles of
commerce had been exported in vessels of the United States of America. And
reciprocally all kind of merchandise and articles of commerce which may
be lawfully exported from the ports of the Kingdom of Sardinia in national
vessels may also be exported therefrom in vessels of the United States of
America without paying other or higher duties or charges, of whatever kind
or denomination, levied in the name or to the profit of the Government, the
local authorities, or of any private establishment whatsoever, than if the
same merchandise or articles of commerce had been exported in Sardinian
vessels.
Article VI
No higher or other duties shall be imposed on the importation into the
United States of any article the produce or manufacture of Sardinia, and no
higher or other duties shall be imposed on the importation into the Kingdom
of Sardinia of any article the produce or manufacture of the United States,
than are or shall be payable on the same article being the produce or manu-
facture of any other foreign country. Nor shall any prohibition be imposed
on the importation or exportation of any article the produce of or the manu-
facture of the United States or of Sardinia, to or from the ports of the United
States, or to or from the ports of the Kingdom of Sardinia, which shall not
equally extend to all other nations.
Article VII
It is expressly understood and agreed that the preceding articles do not
apply to the coastwise navigation of either of the two countries, which each
of the two high contracting parties reserves exclusively to itself.
Article VIII
No priority or preference shall be given directly or indirectly by either of
the high contracting parties, nor by any company, corporation, or agent act-
ing in their behalf, or under their authority, in the purchase of any article of
COMMERCE AND NAVIGATION— NOVEMBER 26, 1838 451
commerce lawfully imported on account of, or in reference to, the character
of the vessel, whether it be of the one party or the other, in which such article
was imported, it being the true intent and meaning of the contracting parties
that no distinction or difference whatever shall be made in this respect.
Article IX
If either party shall hereafter grant to any other nation any particular favor
in commerce or navigation, it shall immediately become common to the other
party, freely where it is freely granted to such other nation, or on yielding
the same or an equivalent compensation, when the grant is conditional.
Article X
Vessels of either of the high contracting parties arriving on the coasts of
the other, but without the intention to enter a port, or having entered not
wishing to discharge the whole or any part of their cargoes, shall enjoy in
this respect the same privileges and be treated in the same manner as the
vessels of the most favored nations.
Article XI
When any vessel belonging to either of the contracting parties or to their
citizens or subjects, shall be wrecked, foundered, or otherwise suffer damage
on the coasts or within the dominions of the other, there shall be given to
such vessel and all persons on board every aid and protection, in like manner
as is usual and customary to vessels of the nation where such shipwreck or
damage happens; and such shipwrecked vessel, its merchandise, and other
effects, or their proceeds, if the same shall have been sold, shall be restored
to their owners, or to those entitled to receive them, upon the payment of
such costs of salvage as would have been paid by national vessels in the same
circumstances.
Article XII
Sardinian merchant-vessels being forced from stress of weather or other
unavoidable causes to enter a port of the United States of America, and
reciprocally merchant-vessels of the said States entering the ports of His
Sardinian Majesty from similar causes, shall be exempt from port charges
and all other duties levied to the profit of the Government, in case the causes
which have rendered such entry necessary are real and evident, provided
such vessel does not engage in any commercial operation while in port, such
as loading and unloading merchandise, it being understood, nevertheless,
that the unloading and reloading rendered necessary for the repair of the
said vessel shall not be considered an act of commerce affording ground for
the payment of duties, and provided also that the said vessel shall not pro-
long her stay in port beyond the time necessary for the repair of her damages.
452 SARDINIA
Article XIII
Considering the remoteness of the respective countries of the two high
contracting parties, and the uncertainty resulting therefrom with respect to
the various events which may take place, it is agreed that a merchant-vessel,
belonging to either of them, which may be bound to a port supposed at the
time of its departure to be blockaded, shall not however be captured or con-
demned for having attempted a first time to enter said port, unless it can be
proved that said vessel could and ought to have learned during its voyage
that the blockade of the place in question still continued. But all vessels
which, after having been warned off once, shall, during the same voyage,
attempt a second time to enter the same blockaded port during the continu-
ance of the said blockade, shall then subject themselves to be detained and
condemned.
Article XIV
All articles of commerce the growth or manufacture of the United States
of America, and the products of their fisheries, with the exception of salt, gun-
powder, and tobacco manufactured for use, shall be permitted to pass in
transitu from the free port of Genoa through the territories of His Sardinian
Majesty to any point of the inland frontier of the said territories; and, vice
versa, all articles of commerce coming from any one point of the Sardinian
inland frontier, destined for the United States, shall be permitted to pass the
territories of His Sardinian Majesty to the free port of Genoa without being
liable to the payment of any duty whatever levied in the name or to the
profit of the Government, the local authorities, or of any private establish-
ment whatsoever, other than such as are required to meet the expenses of
the necessary precautionary measures against smuggling, which precaution-
ary measures to be observed in regard to transit to the frontier shall be the
same whether the said articles of commerce are imported by the vessels of
the one or of the other of the high contracting parties. But if peculiar circum-
stances or considerations should render the re-establishment of transit duties
necessary on the said articles of commerce directed to any one point of the
Sardinian frontier, the Sardinian Government, in reserving to itself the full
right to establish such duty, engages to notify to the Government of the
United States such determination six months before any such transit duty
shall be exacted. It is also understood that all articles of commerce im-
ported directly from the United States of America shall be taken and
considered as the products of the said States, and shall be entitled equally
and in like manner, with the exceptions above mentioned in the present
article, to a free transit through the territories of His Sardinian Majesty.
Article XV
The two high contracting parties reciprocally grant to each other the
liberty of having each in the ports and other commercial places of the other,
COMMERCE AND NAVIGATION— NOVEMBER 26, 1838 453
Consuls, Vice-Consuls, and Commercial Agents of their own appointment,
who shall enjoy the same privileges, powers, and exemptions as those of the
most favored nations. But if any of such Consuls shall exercise commerce,
they shall be subjected to the same laws and usages to which the private
individuals of their nation, or subjects or citizens of the most favored nations
are subject in the same places, in respect to their commercial transactions.
Article XVI
It is especially understood that whenever either of the two contracting
parties shall select for a consular agent to reside in any port or commercial
place of the other party a subject or citizen of this last, such Consul or Agent
shall continue to be regarded, notwithstanding his quality of a foreign Consul,
as a subject or citizen of the nation to which he belongs, and consequently
shall be submitted to the laws and regulations to which natives are subjected
in the place of his residence. This obligation, however, shall in no respect
embarrass the exercise of his consular functions, or affect the inviolability
of the consular archives.
Article XVII
The said Consuls, Vice-Consuls, and Commercial Agents are authorized
to require the assistance of the local authorities for the search, arrest, deten-
tion, and emprisonment of the deserters from the ships of war and merchant-
vessels of their country. For this purpose, they shall apply to the competent
tribunals, judges, and officers, and shall in writing demand said deserters,
proving by the exhibition of the registers of the vessels, the rolls of the crews,
or by other official documents, that such individuals formed part of the
crews; and this reclamation thus substantiated, the surrender shall not be
refused. Such deserters when arrested shall be placed at the disposal of the
said Consuls, Vice-Consuls, or Commercial Agents, and may be confined in
the public prisons at the request and cost of those who shall claim them in
order to be detained until the time when they shall be restored to the vessels
to which they belonged, or sent back to their own country by a vessel of the
same nation or any other vessel whatsoever. But if not sent back within three
months from the day of their arrest, they shall be set at liberty and shall not
again be arrested for the same cause. If, however, the deserter should be
found to have committed any crime or offence, his surrender may be de-
layed until the tribunal before which his case should be depending shall
have pronounced its sentence and such sentence shall have been carried into
execution.
Article XVIII
The citizens and subjects of each of the contracting parties shall have
power to dispose of their personal goods within the jurisdiction of the other,
454 SARDINIA
by testament, donation, or otherwise, and their representatives, being citizens
or subjects of the other party, shall succeed to their said personal goods,
whether by testament or ab intestato, and may take possession thereof either
by themselves or by others acting for them and dispose of the same at will,
paying such taxes and dues only as the inhabitants of the country wherein
the said goods are shall be subject to pay in like cases. And, in case of the
absence of the representatives, such care shall be taken of the said goods as
would be taken of the goods of a native of the same country in like case,
until the lawfull owner may take measures for receiving them. And if a
question should arise among several claimants as to which of them said goods
belong, the same shall finally be decided by the laws and judges of the land
wherein the said goods are. And where, on the death of any person holding
real estate within the territories of one of the contracting parties, such real
estate would by the laws of the land descend on a citizen or subject of the
other party who by reason of alienage may be incapable of holding it, he
shall be allowed a reasonable time to sell such real estate, and to withdraw
and export the proceeds without molestation and without paying to the profit
of the respective Governments any other dues, taxes, or charges than those
to which the inhabitants of the country wherein said real estate is situated
shall be subject to pay in like cases.
Article XIX
The present treaty shall continue in force for ten years, counting from the
day of the exchange of the ratifications; and if, twelve months before the
expiration of that period, neither of the high contracting parties shall have
announced to the other by an official notification its intention to arrest the
operation of the said treaty, it shall remain obligatory one year beyond that
time, and so on until the expiration of the twelve months which will follow
a similar notification, whatever is the time at which it may take place.
Article XX
The present treaty shall be approved and ratified by the President of the
United States of America, by and with the advice and consent of the Senate
thereof, and by His Majesty the King of Sardinia ; and the ratifications shall
be exchanged in the city of Washington within ten months from the date of
the signature thereof, or sooner if possible.
In faith whereof the Plenipotentiaries of the contracting parties have
signed the present treaty, and thereto affixed their respective seals.
Done at Genoa this 26th November, 1838.
Nathaniel Niles [seal]
Solar de la Marguerite [seal]
COMMERCE AND NAVIGATION— NOVEMBER 26, 1838 455
Separate Article
Circumstances of a peculiar nature rendering it necessary for His Sardinian
Majesty to continue for a time differential duties, to the disadvantage of
foreign flags, on grain, olive-oil, and wine, imported directly from the Black
Sea, the ports of the Adriatic, and of those of the Mediterranean, as far as
Cape Trafalgar, notwithstanding the general provisions of the articles No.
2, 3, and 4 of the present treaty, it is distinctly understood and agreed by
the high contracting parties, that the United States shall have full and entire
liberty to establish countervailing differential duties on the same articles
imported from the same places to the disadvantage of the Sardinian flag, in
case the existing or any other differential duties on the said articles shall be
continued in force, to the disadvantage of the flag of the United States of
America, by His Sardinian Majesty, beyond a period of four years, counting
from the day of the exchange of the ratifications of the present treaty and
separate article, but all countervailing differential duties on the said articles
shall cease to be exacted from the time the United States Government shall
have been informed officially of the discontinuance or differential duties on
the part of His Sardinian Majesty.
The present separate article shall have the same force and value as if it
were inserted word for word in the treaty signed this day, and shall be ratified
in the same time.
In faith whereof we, the undersigned, by virtue of our full powers, have
signed the present separate article, and thereto affixed our respective seals.
Done at Genoa the 26th November, 1838.
Nathaniel Niles [seal]
Solar de la Marguerite [seal]
Saudi Arabia
DIPLOMATIC AND CONSULAR REPRESENTA-
TION; JURIDICAL PROTECTION; COMMERCE
AND NAVIGATION
Provisional agreement signed at London November 7, 1933
Entered into force November 7, 1933
48 Stat. 1826; Executive Agreement Series 53
Provisional Agreement between the United States of America and
the Kingdom of Saudi Arabia in Regard to Diplomatic and Con-
sular Representation, Juridical Protection, Commerce and
Navigation
The Undersigned,
Mr. Robert Worth Bingham, Ambassador Extraordinary and Plenipo-
tentiary of the United States of America at London, and Sheikh Hafiz
Wahba, Minister of the Kingdom of Saudi Arabia at London, desiring
to confirm and make a record of the understanding which they have reached
in the course of recent conversations in the names of their respective Gov-
ernments in regard to diplomatic and consular representation, juridical
protection, commerce and navigation, have signed this Provisional
Agreement :
Article I
The diplomatic representatives of each country shall enjoy in the terri-
tories of the other the privileges and immunities derived from generally
recognized international law. The consular representatives of each country,
duly provided with exequatur, will be permitted to reside in the territories
of the other in the places wherein consular representatives are by local laws
permitted to reside; they shall enjoy the honorary privileges and the immu-
nities accorded to such officers by general international usage; and they
shall not be treated in a manner less favorable than similar officers of any
other foreign country.
456
REPRESENTATION, COMMERCE, ETC.— NOVEMBER 7, 1933 457
Article II
Subjects of His Majesty the King of the Kingdom of Saudi Arabia in
the United States of America, its territories and possessions, and nationals
of the United States of America, its territories and possessions, in the King-
dom of Saudi Arabia shall be received and treated in accordance with the
requirements and practices of generally recognized international law. In
respect of their persons, possessions and rights, they shall enjoy the fullest
protection of the laws and authorities of the country, and they shall not
be treated in regard to their persons, property, rights and interests, in any
manner less favorable than the nationals of any other foreign country.
Article III
In respect of import, export and other duties and charges affecting com-
merce and navigation, as well as in respect of transit, warehousing and
other facilities, the United States of America, its territories and possessions,
will accord to the Kingdom of Saudi Arabia, and the Kingdom of Saudi
Arabia will accord to the United States of America, its territories and pos-
sessions, unconditional most-favored-nation treatment. Every concession
with respect to any duty, charge or regulation affecting commerce or navi-
gation now accorded or that may hereafter be accorded by the United States
of America, its territories and possessions, or by the Kingdom of Saudi
Arabia to any foreign country will become immediately applicable without
request and without compensation to the commerce and navigation of the
Kingdom of Saudi Arabia and of the United States of America, its terri-
tories and possessions, respectively.
Article IV
The stipulations of this Agreement shall not extend to the treatment which
is accorded by the United States of America to the commerce of Cuba under
the provisions of the Commercial Convention concluded between the United
States and Cuba on December 11, 1902,1 or the provisions of any other
commercial convention which hereafter may be concluded between the
United States of America and Cuba. Such stipulations, moreover, shall
not extend to the treatment which is accorded to the commerce between
the United States of America and the Panama Canal Zone or any of the
dependencies of the United States of America or to the commerce of the
dependencies of the United States of America with one another under existing
or future laws.
Nothing in this Agreement shall be construed as a limitation of the right
of either Government to impose, on such terms as it may see fit, prohibitions
1 TS 427, ante, vol. 6, p. 1 106, CUBA.
458 SAUDI ARABIA
or restrictions of a sanitary character designed to protect human, animal,
or plant life, or regulations for the enforcement of police or revenue laws.
Nothing in this Agreement shall be construed to affect existing statutes
of either country in relation to the immigration of aliens or the right of either
Government to enact such statutes.
Article V
The present stipulations shall become operative on the day of signature
hereof and shall remain respectively in effect until the entry in force of a
definitive treaty of commerce and navigation, or until thirty days after
notice of their termination shall have been given by the Government of either
country, but should the Government of the United States of America be pre-
vented by future action of its legislature from carrying out the terms of these
stipulations, the obligations thereof shall thereupon lapse.
Article VI
The English and Arabic texts of the present agreement shall be of equal
validity.
Signed at London this seventh day of November, one thousand nine
hundred and thirty-three.
Robert Worth Bingham [seal]
[Signature and seal of Sheikh Hafiz Wahba]
South Africa
RECOGNITION OF CERTIFICATES OF
AIRWORTHINESS FOR IMPORTED AIRCRAFT
Exchange of notes at Pretoria October 12 and December 1, 1931
Entered into force December 1, 1931
Superseded by agreement of October 29, 1954, and February 22, 1955 2
47 Stat. 2687; Executive Agreement Series 28
The American Minister to the Minister of External Affairs
Legation of the
United States of America
no. 68 Pretoria, October 12, 1931
Sir:
I have the honor to communicate the text of the arrangement between
the United States of America and the Union of South Africa providing for
the acceptance by the one country of certificates of airworthiness for air-
craft imported from the other country as merchandise, as understood by me
to have been agreed to in the negotiations which have just been concluded
between the Legation and your Ministry.
"1. The present arrangement applies to civil aircraft constructed in con-
tinental United States of America, exclusive of Alaska, and exported to the
Union of South Africa; and to civil aircraft constructed in the Union of South
Africa and exported to continental United States of America, exclusive of
Alaska.
2. The same validity shall be conferred on certificates of airworthiness
issued by the competent authorities of the Government of the United States
in respect of aircraft subsequently registered in the Union of South Africa
1 Certain agreements between the United States and the United Kingdom were, or are,
also applicable to South Africa. See post, vol. 12, UNITED KINGDOM.
"6 UST 657; TIAS 3200.
459
460 SOUTH AFRICA
as if they had been issued under the regulations in force on the subject in the
Union of South Africa provided that in each case a certificate of airworthiness
for export has also been issued by the United States authorities in respect of
the individual aircraft, and provided that certificates of airworthiness issued
by the competent authorities of the Union of South Africa in respect of air-
craft subsequently registered in the United States of America are similarly
given the same validity as if they had been issued under the regulations in
force on the subject in the United States.
3. The above arrangement will extend to civil aircraft of all categories,
including those used for public transport and those used for private purposes.
4. The present arrangement may be terminated by either Government
on sixty days' notice given to the other Government. In the event, however,
that either Government should be prevented by future action of its legislature
from giving full effect to the provisions of this arrangement it shall
automatically lapse."
If you inform me that it is the understanding of your Government that
the arrangement agreed upon is as herein set forth, the arrangement will be
considered to be operative from the date of the receipt of your note so advis-
ing me.
I have the honor to be, Sir,
Your obedient servant,
Ralph J. Totten
Envoy Extraordinary and Minister Pleni-
potentiary of the United States of America
The Honorable
J. B. M. Hertzog,
Minister of External Affairs,
Pretoria.
The Minister of External Affairs to the American Minister
p.m. 66/80. Pretoria, / Dec. 1931
Sir,
With reference to your letter No. 68 of the 12th October, 1931, regarding
the arrangement between the Union of South Africa and the United States
of America providing for the reciprocal acceptance by the competent authori-
ties of the respective Governments of certificates of airworthiness for aircraft
imported from the one country into the other as merchandise, I have the
honour to inform you that His Majesty's Government in the Union of South
CERTIFICATES OF AIRWORTHINESS— OCT. 12 AND DEC. 1, 1931 461
Africa axe in accord with the terms of the arrangement, which reads word
for word as follows :
[For terms of arrangements, see numbered paragraphs of U.S. note, above.]
This arrangement will be operative from the date of this note.
I have the honour to be, Sir,
Your obedient servant,
J. B. M. Hertzog
Minister of External Affairs
The Envoy Extraordinary
and Minister Plenipotentiary
of the United States of America,
Pretoria.
AIR NAVIGATION
Exchange of notes at Pretoria March 17 and September 20, 1933, with
text of arrangement
Entered into force September 20, 1933
48 Stat. 1828; Executive Agreement Series 54
The American Minister to the Minister of External Affairs
Legation of the
United States of America
no. 166 Pretoria, March 17, 1933
Sir:
I have the honor to communicate the text of the arrangement between the
United States of America and the Union of South Africa providing for navi-
gation by aircraft of each country in the territory of the other, as understood
by me to have been agreed to in the negotiations which have just been con-
cluded between the Legation and your Ministry, as evidenced by your note
of March 13, 1933 (File No. P.M. 66/1/1 ) .
Atr Navigation Arrangement between the United States
of America and the Union of South Africa
Article 1
Pending the conclusion of a convention between the United States of
America and the Union of South Africa on the subject of air navigation, the
operation of civil aircraft of the one country in the other country shall be
governed by the following provisions.
Article 2
The present arrangement shall apply to Continental United States of
America, exclusive of Alaska, and to the Union of South Africa, including
the adjacent territorial waters of the two countries.
Article 3
The term aircraft with reference to one or the other Party to this arrange-
ment shall be understood to mean civil aircraft, including state aircraft used
462
AIR NAVIGATION— MARCH 17 AND SEPTEMBER 20, 1933 463
exclusively for commercial purposes, duly registered in the territory of such
Party.
Article 4
Each of the Parties undertakes to grant liberty of passage above its terri-
tory in time of peace to the aircraft of the other Party, provided that the con-
ditions set forth in the present arrangement are observed.
It is, however, agreed that the establishment and operation of regular air
routes by an air transport company of one of the Parties within the territory of
the other Party or across the said territory, with or without intermediary land-
ing, shall be subject to the prior consent of the other Party given on the prin-
ciple of reciprocity and at the request of the party whose nationality the air
transport company possesses.
The parties to this arrangement agree that the period in which pilots may,
while holding valid pilot licenses issued or rendered valid by either country,
operate registered aircraft of that country in the other country for non-
industrial or non-commercial purposes shall be limited to a period not ex-
ceeding six months from the time of entry for the purpose of operating air-
craft, unless prior to the expiration of this period the pilots obtain from the
Government of the country in which they are operating, pilot licenses author-
izing them to operate aircraft for non-industrial or non-commercial purposes.
Article 5
The aircraft of each of the Parties to this arrangement, their crews and
passengers, shall, while within the territory of the other Party, be subject to
the general legislation in force in that territory, as well as the regulations in
force therein relating to air traffic in general, to the transport of passengers
and goods and to public safety and order in so far as these regulations apply
to all foreign aircraft, their crews and passengers.
Each of the Parties to this arrangement shall permit the import or export
of all merchandise which may be legally imported or exported and also the
carriage of passengers, subject to any customs immigration and quarantine
restrictions, into or from their respective territories in the aircraft of the other
Party, and such aircraft, their passengers and cargoes, shall enjoy the same
privileges as and shall not be subjected to any other or higher duties or
charges than those which the aircraft of the country, imposing such duties or
charges, engaged in international commerce, and their cargoes and passen-
gers, or the aircraft of any foreign country likewise engaged, and their cargoes
and passengers, enjoy or are subjected to.
Each of the Parties to this arrangement may reserve to its own aircraft air
commerce between any two points neither of which is in a foreign country.
Nevertheless the aircraft of either Party may proceed from any aerodrome in
the territory of the other Party which they are entitled to use to any other
such aerodrome either for the purpose of landing the whole or part of their
308-582—73 31
464 SOUTH AFRICA
cargoes or passengers or of taking on board the whole or part of their cargoes
or passengers, provided that such cargoes are covered by through bills of
lading, and such passengers hold through tickets, issued respectively for a
journey whose starting place and destination both are not points between
which air commerce has been duly so reserved, and such aircraft, while pro-
ceeding as aforesaid, from one aerodrome to another, shall, notwithstanding
that such aerodromes are points between which air commerce has been duly
reserved, enjoy all the privileges of this arrangement.
Article 6
Each of the Parties to this arrangement shall have the right to prohibit air
traffic over certain areas of its territory, provided that no distinction in this
matter is made between its aircraft engaged in international commerce and
the aircraft of the other Party likewise engaged. The areas above which air
traffic is thus prohibited by either Party must be notified to the other Party.
Each of the Parties reserves the right under exceptional circumstances in
time of peace and with immediate effect temporarily to limit or prohibit air
traffic above its territory on condition that in this respect no distinction is
made between the aircraft of the other Party and the aircraft of any foreign
country.
Article 7
Any aircraft which finds itself over a prohibited area shall, as soon as it is
aware of the fact, give the signal of distress prescribed in the Rules of the
Air in force in the territory flown over and shall land as soon as possible at an
aerodrome situated in such territory outside of but as near as possible to
such prohibited area.
Article 8
All aircraft shall carry clear and visible nationality and registration marks
whereby they may be recognized during flight. In addition, they must bear
the name and address of the owner.
All aircraft shall be provided with certificates of registration and of air-
worthiness and with all the other documents prescribed for air traffic in the
territory in which they are registered.
The members of the crew who perform, in an aircraft, duties for which a
special permit is required in the territory in which such aircraft is registered,
shall be provided with all documents and in particular with the certificates
and licenses prescribed by the regulations in force in such territory.
The other members of the crew shall carry documents showing their
duties in the aircraft, their profession, identity and nationality.
The certificate of airworthiness, certificates of competency and licenses
issued or rendered valid by one of the Parties to this arrangement in respect
of an aircraft registered in its territory or of the crew of such aircraft shall
AIR NAVIGATION— MARCH 17 AND SEPTEMBER 20, 1933 465
have the same validity in the territory of the other Party as the corresponding
documents issued or rendered valid by the latter.
Each of the Parties reserves the right for the purpose of flight within its
own territory to refuse to recognize certificates of competency and licenses
issued to nationals of that Party by the other Party.
Article 9
Aircraft of either of the Parties to this arrangement may carry wireless
apparatus in the territory of the other Party only if a license to install and
work such apparatus shall have been issued by the competent authorities of
the Party in whose territory the aircraft is registered. The use of such appa-
ratus shall be in accordance with the regulations on the subject issued by the
competent authorities of the territory within whose air space the aircraft is
navigating.
Such apparatus shall be used only by such members of the crew as are
provided with a special license for the purpose issued by the Government of
the territory in which the aircraft is registered.
The Parties to this arrangement reserve respectively the right, for reasons
of safety, to issue regulations relative to the obligatory equipment of aircraft
with wireless apparatus.
Article 10
No arms of war, explosives of war, or munitions of war shall be carried by
aircraft of either Party above the territory of the other Party or by the crew
or passengers, except by permission of the competent authorities of the
territory within whose air space the aircraft is navigating.
Article 11
Upon the departure or landing of any aircraft each Party may within its
own territory and through its competent authorities search the aircraft of the
other Party and examine the certificates and other documents prescribed.
Article 12
Aerodromes open to public air traffic in the territory of one of the Parties
to this arrangement shall in so far as they are under the control of the Party
in whose territory they are situated be open to all aircraft of the other Party,
which shall also be entitled to the assistance of the meteorological services,
the wireless services, the lighting services and the day and night signalling
services, in so far as the several classes of services are under the control of the
Party in whose territory they respectively are rendered. Any scale of charges
made, namely, landing, accommodation or other charge, with respect to the
aircraft of each Party in the territory of the other Party, shall in so far as
466 SOUTH AFRICA
such charges are under the control of the Party in whose territory they are
made be the same for the aircraft of both Parties.
Article 13
All aircraft entering or leaving the territory of either of the Parties to this
arrangement shall land at or depart from an aerodrome open to public air
traffic and classed as a customs aerodrome at which facilities exist for enforce-
ment of immigration regulations and clearance of aircraft, and no inter-
mediary landing shall be effected between the frontier and the aerodrome.
In special cases the competent authorities may allow aircraft to land at or
depart from other aerodromes, at which customs, immigration and clear-
ance facilities have been arranged. The prohibition of any intermediary
landing applies also in such cases.
In the event of a forced landing outside the aerodromes, referred to in
the first paragraph of this article, the pilot of the aircraft, its crew and the
passengers shall conform to the customs and immigration regulations in
force in the territory in which the landing has been made.
Aircraft of each Party to this arrangement are accorded the right to enter
the territory of the other Party subject to compliance with quarantine regu-
lations in force therein.
The Parties to this arrangement shall exchange lists of the aerodromes in
their territories designated by them as ports of entry and departure.
Article 14
Each of the Parties to this arrangement reserves the right to require that
all aircraft crossing the frontiers of its territory shall do so between certain
points. Subject to the notification of any such requirements by one Party to
the other Party, and to the right to prohibit air traffic over certain areas as
stipulated in Article 6, the frontiers of the territories of the Parties to this
arrangement may be crossed at any point.
Article 15
As ballast, only fine sand or water may be dropped from an aircraft.
Article 16
No article or substance, other than ballast, may be unloaded or otherwise
discharged in the course of flight unless special permission for such purpose
shall have been given by the authorities of the territory in which such un-
loading or discharge takes place.
AIR NAVIGATION— MARCH 17 AND SEPTEMBER 20, 1933 467
Article 17
Whenever questions of nationality arise in carrying out the present arrange-
ment, it is agreed that every aircraft shall be deemed to possess the nationality
of the Party in whose territory it is duly registered.
Article 18
The parties to this arrangement shall communicate to each other the
regulations relative to air traffic in force in their respective territories.
Article 19
The present arrangement shall be subject to termination by either Party
upon sixty days notice given to the other Party or by the enactment by
either Party of legislation inconsistent therewith.
If you inform me that it is the understanding of your Government that
the arrangement agreed upon is as herein set forth, the arrangement will be
considered to be operative from the date of the receipt of your note so
advising me.
I have the honor to be, Sir,
Your obedient servant,
Ralph J. Totten
Envoy Extraordinary and Minister Pleni-
potentiary of the United States of America
The Honorable
J. B. M. Hertzog,
Minister for External Affairs,
Pretoria.
The Minister of External Affairs to the American Minister
Department of External Affairs
p.m. 66/1/1 Pretoria, 20th September, 1933
Sir,
I have the honour to refer to your letter No. 166 of the 17th March last
regarding the arrangement between the Union of South Africa and the
United States of America providing for navigation by aircraft of each coun-
try in the territory of the other and to inform you that His Majesty's Gov-
468 SOUTH AFRICA
eminent in the Union of South Africa are in accord with the terms of the
arrangement which is, word for word, as follows :
[For terms of arrangement, see U.S. note, above.]
It is further agreed that the arrangement will be operative as from the
date of this note.
I have the honour to be, Sir,
Your obedient servant,
J. B. M. Hertzog
Minister of External Affairs
The Envoy Extraordinary and
Minister Plenipotentiary
of the United States of America,
Pretoria.
PILOT LICENSES TO OPERATE CIVIL
AIRCRAFT
Exchange of notes at Pretoria March 17 and September 20, 1933, with
text of arrangement
Entered into force September 20, 1933
48 Stat. 1837; Executive Agreement Series 55
The American Minister to the Minister of External Affairs
Legation of the
United States of America
No 167 Pretoria, March 17, 1933
Sir:
I have the honor to communicate the text of the arrangement between
the United States of America and the Union of South Africa providing
for the issuance by each country of licenses to nationals of the other country
authorizing them to pilot civil aircraft, as understood by me to have been
agreed to in the negotiations which have just been concluded between the
Legation and your Ministry, as evidenced by your note of March 13, 1933
(File No. P.M. 66/1/1).
Arrangement between the United States of America and the
Union of South Africa Providing for the Issuance by Each Coun-
try of Licenses to Nationals of the Other Country Authorizing
Them To Pilot Civil Aircraft
Article 1
The present arrangement between the United States of America and the
Union of South Africa relates to the issuance by each country of licenses
to nationals of the other country for the piloting of civil aircraft. The term
"civil aircraft" shall be understood to mean aircraft used for private, in-
dustrial, commercial or transport purposes.
Article 2
(a) The Department of Defence of the Union of South Africa will
issue pilots' licenses to American nationals upon a showing that they are
469
470 SOUTH AFRICA
qualified under the regulations of that Department covering the licensing
of pilots.
(b) The Department of Commerce of the United States of America
will issue pilots' licenses to nationals of the Union of South Africa upon a
showing that they are qualified under the regulations of that Department
covering the licensing of pilots.
Article 3
(a) Pilots' licenses issued by the Department of Commerce of the
United States of America to nationals of the Union of South Africa shall
entitle them to the same privileges as are granted by pilots' licenses issued
to American nationals.
(b) Pilots' licenses issued by the Department of Defence of the Union
of South Africa to American nationals shall entitle them to the same privi-
leges as are granted by pilots' licenses issued to nationals of the Union of
South Africa.
Article 4
Pilots' licenses issued to nationals of the one country by the competent
authority of the other country shall not be construed to accord to the licensees
the right to register aircraft in such other country.
Article 5
Pilots' licenses issued to nationals of the one country by the competent
authority of the other country shall not be construed to accord to the licensees
the right to operate aircraft in air commerce wholly within territory of such
other country reserved to national aircraft, unless the aircraft have been
registered under the laws of the country issuing the pilots' licenses.
Article 6
(a) Nationals of the Union of South Africa shall while holding valid
pilot licenses issued by the Department of Defence of the Union of South
Africa be permitted to operate in Continental United States of America,
exclusive of Alaska, for non-industrial or non-commercial purposes for a
period not exceeding six months from the time of entering that country,
any civil aircraft registered by the Department of Defence of the Union of
South Africa, and/or any civil aircraft registered by the United States
Department of Commerce. The period of validity of the licenses first men-
tioned in this paragraph shall, for the purpose of this paragraph, include
any renewal of the license by the pilot's own Government made after the
pilot has entered Continental United States of America. No person to
whom this paragraph applies shall be allowed to operate civil aircraft in
Continental United States of America, exclusive of Alaska, for non-industrial
or non-commercial purposes for a period of more than six months from the
time of entering that country, unless he shall, prior to the expiration of such
PILOT LICENSES— MARCH 17 AND SEPTEMBER 20, 1933 471
period, have obtained a pilot license from the United States Department
of Commerce in the manner provided for in this arrangement.
(b) American nationals shall while holding valid pilot licenses issued
by the United States Department of Commerce be permitted to operate in
the Union of South Africa for non-industrial and non-commercial purposes
for a period not exceeding six months from the time of entering that coun-
try, any civil aircraft registered by the United States Department of Com-
merce, and/or any civil aircraft registered by the Department of Defence
of the Union of South Africa. The period of validity of the licenses first
mentioned in this paragraph shall, for the purpose of this paragraph, include
any renewal of the license by the pilot's own Government made after the
pilot has entered the Union of South Africa. No person to whom this para-
graph applies shall be allowed to operate civil aircraft in the Union of
South Africa for non-industrial or non-commercial purposes for a period
of more than six months from the time of entering that country, unless he
shall, prior to the expiration of such period, have obtained a pilot's license
from the Department of Defence of the Union of South Africa in the man-
ner provided for in this arrangement.
(c) The conditions under which pilots of the nationality of either coun-
try may operate aircraft of their country in the other country, as provided for
in this article, shall be as stipulated in the air navigation arrangement in force
between the parties to this arrangement for the issuance of pilot licenses ; and
the conditions under which pilots of the nationality of either country may
operate aircraft of the other country, as provided for in this article, shall be
in accordance with the requirements of such other country.
Article 7
The present arrangement shall be subject to termination by either Party
upon sixty days' notice given to the other Party or by the enactment by either
Party of legislation inconsistent therewith.
If you inform me that it is the understanding of your Government that
the arrangement agreed upon is as herein set forth, the arrangement will be
considered to be operative from the date of the receipt of your note so advis-
ing me.
I have the honor to be, Sir,
Your obedient servant,
Ralph J. Totten
Envoy Extraordinary and Minister Pleni-
potentiary of the United States of America
The Honorable
J. B. M. Hertzog,
Minister for External Affairs,
Pretoria.
::<is r>s2 t:: ::2
472 SOUTH AFRICA
The Minister of External Affairs to the American Minister
Department of External Affairs
p.m. 66/i/i Pretoria, 20th September, 1933
Sir,
I have the honour to refer to your letter No. 167 of the 17th March last
regarding the proposed arrangement between the Union of South Africa
and the United States of America providing for the issuance by each country
of licenses to Nationals of the other country authorizing them to pilot civil
aircraft, and to inform you that His Majesty's Government in the Union of
South Africa are in accord with the terms of the arrangement which is, word
for word, as follows:
[For terms of arrangement, see U.S. note, above]
It is further agreed that the arrangement will be operative as from the date
of this note.
I have the honour to be, Sir,
Your obedient Servant,
J. B. M. Hertzog
Minister of External Affairs
The Envoy Extraordinary and
Minister Plenipotentiary
of the United States of America,
Pretoria.
REDUCTION OF VISA FEES FOR
NONIMMIGRANTS
Exchange of notes at Capetown March 24, 1937, with text of agreement
Operative April 1, 1937
Made obsolete by agreement of March 28 and April 3, 1956 l
Department of State files
The American Minister to the Minister of External Affairs
Legation of the
United States of America
Capetown, March 24, 1937
Sir,
I have the honour to communicate the text of the arrangement between
the United States of America and the Union of South Africa providing for the
reciprocal reduction of non-immigrant passport visa fees for nationals of the
two countries.
Agreement between the Governments of the United States of
America and the Union of South Africa for the Reduction of
Non-Immigrant Passport Visa Fees
Article 1
This agreement shall cover only visa fees and shall relate only to non-
immigrant visa applicants.
Article 2
Such applicants shall continue to be subject to the usual laws and regula-
tions of each country for establishing qualifications to receive a visa, and for
establishing admissibility at the port or place of entry, including a general
requirement that the travel document of the applicant shall be valid for at
least 60 days beyond the period of the desired sojourn in the other country.
Article 3
It is agreed that the fee for the visa of the passports of non-immigrant
nationals of the United States of America, including Philippine citizens, and
'7 UST 631; TIAS 3544.
473
474 SOUTH AFRICA
for nationals of the Union of South Africa, shall be 2.00 dollars United States
currency or an equivalent sum in South African currency.
Article 4
The passport visa shall be valid for a maximum period of one year from
the date of the visa, provided that the passport itself continues to be valid in
accordance with Article 2 above.
Article 5
The passport visa shall be valid for any number of entries during the
period of its validity.
Article 6
The fee for a transit visa shall be 0.20 dollar in United States currency
or the equivalent of that sum in South African currency.
Article 7
The transit visa shall, subject to the validity of the passport, be valid for
one year from the date of its issuance and may be used for any number of
journeys in transit during the period of its validity.
Article 8
This agreement shall terminate upon three months' notice to that effect
having been given by either Government.
If you inform me that it is the understanding of your Government that
the arrangement agreed upon is as herein set forth, the arrangement will be
considered to be operative as from the 1st April, 1937.
I have, &c.
Ralph J. Totten
Envoy Extraordinary and Minister Pleni-
potentiary of the United States of America
The Minister of External Affairs to the American Minister
Department of External Affairs
Capetown, March 24, 1937
Mr. Minister,
I have the honour, with reference to your note of the 24th March, 1937,
to inform you that the Union Government are prepared to conclude an
agreement with the Government of the United States of America providing
VISA FEES— MARCH 24, 1937 475
for the reduction of passport visa fees of non-immigrants for nationals of the
two countries as follows :
[For text of agreement, see U.S. note, above.]
Your note under reference, and this, my reply, will be regarded as an
agreement between our two Governments in the matter, with effect from
the 1st April, 1937.
I have, &c.
J. B. M. Hertzog
Minister of External Affairs
ADVANCEMENT OF PEACE
Treaty signed at Washington April 2, 1940
Ratified by the United Kingdom in respect to South Africa October 18,
1940
Senate advice and consent to ratification November 26, 1940
Ratified by the President of the United States December 20, 1940
Ratifications exchanged at Washington March 11, 1941
Entered into force March 11, 1941
Proclaimed by the President of the United States March 18, 1941
55 Stat. 1 130; Treaty Series 966
The President of the United States of America and His Majesty the King
of Great Britain, Ireland, and the British Dominions beyond the Seas, Em-
peror of India, acting for the Union of South Africa, being desirous, in view
of the present constitutional position and international status of the Union
of South Africa as an independent State, to amend in their application to
the Union of South Africa certain provisions of the Treaty for the Advance-
ment of Peace between the President of the United States of America and
His Majesty the King of the United Kingdom of Great Britain and Ireland
and of the British Dominions beyond the Seas, Emperor of India, signed at
Washington, September 15, 1914,1 have for that purpose appointed as their
plenipotentiaries :
The President of the United States of America:
Mr. Cordell Hull, Secretary of State of the United States of America; and
His Majesty the King of Great Britain, Ireland, and the British Dominions
beyond the Seas, Emperor of India, for the Union of South Africa :
Mr. Ralph William Close, Envoy Extraordinary and Minister Plenipo-
tentiary of the Union of South Africa at Washington ;
Who, having communicated to each other their respective full powers,
found to be in due and proper form, have agreed upon and concluded the
following articles:
Article I
Article II of the Treaty for the Advancement of Peace between the Presi-
dent of the United States of America and His Majesty the King of the United
1 TS 602, post, vol. 12, UNITED KINGDOM.
476
ADVANCEMENT OF PEACE— APRIL 2, 1940 477
Kingdom of Great Britain and Ireland and of the British Dominions beyond
the Seas, Emperor of India, signed at Washington, September 15, 1914, is
hereby superseded in respect of the Union of South Africa by the following :
Insofar as concerns disputes arising in the relations between the United
States of America and the Union of South Africa, the International Com-
mission shall be composed of five members to be appointed as follows : One
member shall be chosen from the United States of America by the Govern-
ment thereof; one member shall be chosen from the Union of South Africa
by the Government thereof; one member shall be chosen by each Govern-
ment from some third country; the fifth member shall be chosen by agree-
ment between the Government of the United States of America and the
Government of the Union of South Africa, it being understood that he shall
be a citizen of some third country of which no other member of the Com-
mission is a citizen. The expression "third country" means a country not
under the sovereignty or authority of the United States of America nor
under the sovereignty, suzerainty, protection or mandate of His Majesty the
King of Great Britain, Ireland, and the British Dominions beyond the Seas,
Emperor of India. The expenses of the Commission shall be paid by the
United States of America and the Union of South Africa in equal
proportions.
The International Commission shall be appointed within six months after
the exchange of the ratifications of the present Treaty; and vacancies shall
be filled according to the manner of the original appointment.
Article II
The second paragraph of Article III of the said Treaty of September 15,
1914, is hereby abrogated so far as concerns its application to the Union of
South Africa.
Article III
Except as provided in Articles I, II and IV of the present Treaty the
stipulations of the said Treaty of September 15, 1914, shall be considered
as anjntegral part of the present Treaty and shall be observed and fulfilled
by the United States of America and the Union of South Africa as if all such
stipulations were literally herein embodied.
Article IV
The present Treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate thereof and
by His Majesty in respect of the Union of South Africa. It shall take effect
on the date of the exchange of the ratifications which shall take place at
Washington as soon as possible. It shall continue in force for a period of
five years; and it shall thereafter remain in force until twelve months after
478 SOUTH AFRICA
one of the High Contracting Parties has given notice to the other of an
intention to terminate it.
On the termination of the present Treaty the said Treaty of September 15,
1914, shall in respect of the Union of South Africa cease to have effect.
In witness whereof the respective plenipotentiaries have signed the present
Treaty and have affixed their seals thereto.
Done in duplicate at the City of Washington this second day of April,
one thousand nine hundred and forty.
Cordell Hull [seal]
Ralph W. Close [seal]
MILITARY SERVICE
Exchange of notes at Washington March 31, June 9, August 12, and
October 7 and 3 1,1 942
Entered into force June 11, 1942
Terminated March 31, 1947 l
56 Stat. 1921 ; Executive Agreement Series 310
The Acting Secretary of State to the South African Minister
Department of State
Washington
March 31, 1942
Sir:
I have the honor to inform you that the Selective Training and Service
Act of 1940,2 as amended, provides that with certain exceptions every male
citizen of the United States and every other male person residing in the
United States between the ages of 18 and 65 shall register. The Act further
provides that, with certain exceptions, registrants within specified age limits
are liable for active military service in the United States armed forces.
This Government recognizes that from the standpoint of morale of the
individuals concerned and the over-all military effort of the countries at
war with the Axis Powers, it would be desirable to permit certain classes
of individuals who have registered or who may register under the Selective
Training and Service Act of 1940, as amended, to enlist in the armed forces
of a co-belligerent country, should they desire to do so. It will be recalled
that during the World War this Government signed conventions with certain
associated powers on this subject. The United States Government believes,
however, that under existing circumstances the same ends may now be
accomplished through administrative action, thus obviating the delays inci-
dent to the signing and ratification of conventions.
This Government is prepared, therefore, to initiate a procedure which will
permit aliens who have registered under the Selective Training and Service
Act of 1940, as amended, who are nationals of co-belligerent countries and
who have not declared their intention of becoming American citizens to
elect to serve in the forces of their respective countries, in lieu of service in
1 Upon termination of functions of U.S. Selective Service System (60 Stat. 341]
2 54 Stat. 885.
479
480 SOUTH AFRICA
the armed forces of the United States, at any time prior to their induction
into the armed forces of this country. Individuals who so elect will be physi-
cally examined by the armed forces of the United States, and if found
physically qualified, the results of such examinations will be forwarded to the
proper authorities of the co-belligerent nation for determination of accept-
ability. Upon receipt of notification that an individual is acceptable and also
receipt of the necessary travel and meal vouchers from the co-belligerent gov-
ernment involved, the appropriate State Director of the Selective Service
System will direct the local Selective Service Board having jurisdiction in the
case to send the individual to a designated reception point for induction into
active service in the armed forces of the co-belligerent country. If upon
arrival it is found that the individual is not acceptable to the armed forces
of the co-belligerent country, he shall be liable for immediate induction into
the armed forces of the United States.
Before the above-mentioned procedure will be made effective with respect
to a co-belligerent country, this Department wishes to receive from the diplo-
matic representative in Washington of that country a note stating that his
government desires to avail itself of the procedure and in so doing agrees that :
(a) No threat or compulsion of any nature will be exercised by his govern-
ment to induce any person in the United States to enlist in the forces of any
foreign government;
(b) Reciprocal treatment will be granted to American citizens by his
government ; that is, prior to induction in the armed forces of his government
they will be granted the opportunity of electing to serve in the armed forces
of the United States in substantially the same manner as outlined above.
Furthermore, his government shall agree to inform all American citizens serv-
ing in its armed forces or former American citizens who may have lost their
citizenship as a result of having taken an oath of allegiance on enlistment in
such armed forces and who are now serving in those forces that they may
transfer to the armed forces of the United States provided they desire to do
so and provided they are acceptable to the armed forces of the United States.
The arrangements for effecting such transfers are to be worked out by the
appropriate representatives of the armed forces of the respective govern-
ments.
(c) No enlistments will be accepted in the United States by his government
of American citizens subject to registration or of aliens of any nationality who
have declared their intention of becoming American citizens and are subject
to registration.
This Government is prepared to make the proposed regime effective im-
mediately with respect to the Union of South Africa upon the receipt from
you of a note stating that your government desires to participate in it and
MILITARY SERVICE— MARCH 31-OCTOBER 31, 1942 481
agrees to the stipulations set forth in lettered paragraphs (a), (b), and (c)
above.
Accept, Sir, the renewed assurances of my highest consideration.
Sumner Welles
Acting Secretary of State
The Honorable
Ralph William Close, K.G.,
Minister of the Union of South Africa.
The South African Minister to the Secretary of State
Legation of the
Union of South Africa
Washington, D.C.
32/4 9th June, 1942
Sir,
I have the honour to refer to your Note of 31st March, 1942, and to inform
you on instructions of my Government that the Government of the Union
of South Africa are desirous of participating in the procedure under which
certain classes of aliens are permitted on conditions outlined in your note, to
elect for service in their own national armed forces in lieu of service in the
United States armed forces as provided by the Selective Service Act of 1 940.
I am also directed to say that the Government of the Union of South
Africa agrees to the stipulations set forth in the lettered paragraphs A, B
and C of your note.
In accepting the procedure and the conditions which govern it the Union
Government proposes as a further proviso that all Union Nationals who may
be affected by the arrangement should be attested as volunteers by this Lega-
tion before they leave the U.S.A.
Although the Union Government do not specifically indicate the reason for
this proviso it is clear that such attestation is necessary in order that nullifi-
cation of the procedure on the part of the Union Nationals concerned may
be obviated, inasmuch as compulsory military service is not applicable in
the Union of South Africa. As you may be aware the Union's armed forces
are composed of volunteers only.
I shall be glad to learn as soon as possible whether the proviso indicated
above is acceptable to the United States Government, and if that is the case,
on what date the procedure can be regarded as taking effect.
482 SOUTH AFRICA
I shall also be glad to receive in due course such practical details for carry-
ing out of the procedure, as may be available.
Accept, Sir, the renewed assurance of my highest consideration.
Ralph W. Close
Minister
The Honourable the Secretary of State,
Department of State,
Washington, D.C.
The Secretary of State to the South African Minister
Department of State
Washington
August 12, 1942
Sir:
I have the honor to refer to your note no. 32/4 of June 9, 1942, in which
you refer to the Department's note of March 31, 1942, on the subject of
arrangements between the Union of South Africa and this Government
concerning the services of the nationals of one country in the armed forces
of the other. You state that the Government of the Union of South Africa
agrees to the stipulations set forth in paragraphs (a), (b) and (c) of the
Department's note, and proposes as a further proviso that all Union
Nationals who may be affected by the arrangement should be attested as
volunteers by the Legation of the Union of South Africa before they leave
the United States.
I have the honor to inform you that the appropriate authorities of this
Government consider your note to contain satisfactory assurances, and that,
accordingly, the arrangement may become effective at any time.
The Selective Service System has indicated that it assumes that all arrange-
ments relating to this matter will be identical with those now in effect in the
case of Canada, which are outlined in the Memorandum to All State Direc-
tors, a copy of which is attached for your information.3 The Director of
Selective Service also desires to stress that it is important that the persons
to be taken into the armed forces of South Africa under the arrangement
should actually be accepted as such by the Government of the Union of
South Africa before the time of their departure.
I shall be pleased to receive from you an indication as to whether your
Government agrees to the proviso made by the Selective Service System.
1 Not printed here.
MILITARY SERVICE— MARCH 31-OCTOBER 31, 1942 483
If so, it is suggested that your Government indicate the date on which it
is desired that the arrangement become effective.
Accept, Sir, the renewed assurances of my highest consideration.
For the Secretary of State:
G. Howland Shaw
Enclosure:
Memorandum to All State Directors (1-422)
The Honorable
Ralph William Close, K.C.,
Minister of the Union of South Africa.
The South African Minister to the Secretary of State
Legation of the
Union of South Africa
Washington, D.C.
7th October, 1942
Sir,
I have the honour to refer to your note of August 12th, 1942, on the sub-
ject of arrangements between the United States and the Union of South
Africa under which the nationals of one country, residing in the territory of
the other, may elect to serve in their own national armed forces.
You state that the Director of Selective Service desires to stress that
it is important that the persons to be taken into the armed forces of the
Union of South Africa should actually be accepted as such by the Govern-
ment of the Union of South Africa, before the time of their departure. I
am directed by my Government to give the assurance that volunteers attested
by the Legation will be so accepted by the Government of the Union of
South Africa.
You state also that the Selective Service System assumes that the proce-
dure relating to the transfer of registrants to the armed forces of the Union
of South Africa will be identical with that now in effect in the case of
Canada, which is outlined in Selective Service System Memorandum No.
1-422 dated May 2nd, 1942.
With the exception of paragraphs 6(a) and 7, it is agreed that the pro-
cedure outlined in the Memorandum may be conveniently applied to the
Union of South Africa. In view of the fact that there may be delays in
obtaining transportation for persons accepted by the Government of the
Union of South Africa, it would be appreciated if modifications in proce-
dure, on lines similar to those applied for the United Kingdom, could be
484 SOUTH AFRICA
accepted. The modifications contemplated for the Union of South Africa
are to the following effect:
(a) that instead of endorsing the time and place of reporting and instead
of enclosing meal and transportation vouchers in returning the forms,
as required by paragraph 6(a), the Legation endorse Form 503 to the effect
that the registrant will be directly notified as to time and place for report-
ing for induction and will then be provided with transportation and sub-
sistence vouchers by the Legation.
(b) that the procedure outlined in paragraph 7 be so modified that
if the registrant does report, the Legation will complete Form 503 "Report
of Induction", by entering as the place of induction the "Port of
Embarkation".
I shall be glad to learn whether these modifications in procedure are
acceptable to the United States Government. If so, the Government of the
Union of South Africa would be prepared to make the proposed arrange-
ments effective immediately upon receipt of your note in reply.
Accept, Sir, the renewed assurances of my highest consideration.
Ralph W. Close
The Honourable the Secretary of State,
Department of State,
Washington, D.C.
The Secretary of State to the South African Minister
Washington
October 31, 1942
Sir:
I have the honor to acknowledge the receipt of your note of October 7,
1942, in further reference to the proposed arrangement between the United
States and the Union of South Africa concerning the services of nationals
of one country in the armed forces of the other country. You state that your
Government gives the assurance that persons desiring to opt for service in the
South African forces under the arrangement will be accepted by your Govern-
ment prior to their departure.
I am pleased to state that this Government considers that your Govern-
ment has given all the necessary assurances. Accordingly, the arrangement
with the Union of South Africa is now regarded as being in effect, and the
appropriate authorities of this Government are being informed accordingly.
In this connection, I also take pleasure in informing you that the War
Department is prepared to discharge, for the purpose of transferring to the
MILITARY SERVICE— MARCH 31-OCTOBER 31, 1942 485
armed forces of their own country, nondeclarant South African nationals now
serving in the United States forces who have not heretofore had an opportu-
nity of electing to serve in the forces of their own country, under the same
conditions existing for the transfer of American citizens from the South
African forces.
In regard to the various questions of procedure contained in your note
under acknowledgment, I may state that these matters may be discussed
directly between officials of the Legation and officers of the Selective Service
System and of the War Department. Major Sherrow G. Parker of the Selec-
tive Service System, and Major V. L. Sailor of the Recruiting and Induc-
tion Section of the War Department, will be available to discuss with
representatives of the South African Legation all matters relating to the
practical details of the arrangement. I do not doubt that mutually satisfactory
arrangements can be made in regard to the points mentioned in your note.
Accept, Sir, the renewed assurances of my highest consideration.
For the Secretary of State :
G. Howland Shaw
The Honorable,
Ralph William Close, K.C.,
Minister of the Union of South Africa.
LEND-LEASE SETTLEMENT
Exchange of notes at Washington April 17, 1945
Entered into force April 17, 1945
60 Stat. 1576 ; Treaties and Other
International Acts Series 1511
The South African Charge d! 'Affaires ad interim to the Secretary of State
Legation of the
Union of South Africa
Washington, D.C.
17th April, 1945
Sir,
With reference to the memorandum dated May 8th from the State
Department and recent discussions between representatives of the Union of
South Africa and those of the State Department and the Foreign Economic
Administration concerning the proposal that all forms of mutual aid provided
by either the Government of the Union of South Africa or of the United
States to the other should be financed by cash payments as from February 15,
1 944, 1 am directed to inform you that the Union Government agrees to the
application of such a cash basis in its relations with the United States Govern-
ment.
( 2 ) The Union Government is accordingly prepared to accept liability for
all combat material, aircraft and other goods shipped on and after 15th
February, 1 944, and supplied direct by the Government of the United States,
or by means of retransfer from other Governments, on orders placed by the
Union Government. This would include equipment for coastal defence under-
taken by the Union Government in agreement with the Government of the
United Kingdom, but would not include the provisions of aircraft and equip-
ment for the Flying Boat Squadron No. 262 at present based on Durban,
which is, by agreement with the United Kingdom, a liability of the latter
government, in so far as the procurement of aircraft, spares and related equip-
ment is concerned.
(3 ) The basis of the foregoing proposal is that liability for goods supplied
should follow the authority responsible for the issue of the order of procure-
ment. The Union Government would, therefore, be liable solely for goods re-
ceived in accordance with the provisions of the preceding paragraph and it
486
LEND-LEASE SETTLEMENT— APRIL 17, 1945 487
would not be liable for any goods which the United Kingdom Government
may supply for the temporary or intermittent use of the Union Forces under
United Kingdom operational control outside the boundaries of the Union of
South Africa in compliance with the terms of the financial arrangements in
existence between the two governments.
(4) If the Government of the United States of America concurs in the
foregoing, I would suggest that the present note and your reply to that effect
be regarded as placing on record the understanding of our two Governments
in this matter.
Accept, Sir, the renewed assurances of my highest consideration.
J. R. Jordaan
Charge a" Affaires ad interim
The Honourable E. R. Stettinius,
Secretary of State of the United States,
Department of State,
Washington, D.C.
ANNEX
It is the understanding of the Government of the Union of South Africa
that the following interpretations apply to the provisions of this note:
( 1 ) The word "shipped" in the first sentence of paragraph (2) denotes
the actual placing of goods on board ship; or in the case of other goods,
such as aircraft and stores carried on them, the time at which the Govern-
ment of the United States transfers such goods to the Union Government;
(2) The words "on orders placed by the Union Government", in the
first sentence of paragraph ( 2 ) cover the case of any goods retransf erred by
any Government and accepted by the Union Government.
(3) Certain squadrons were formed and equipped in the Union of
South Africa with Lend-Lease aircraft and, for a considerable period, carried
out operations from Union bases. Subsequently these squadrons, complete
with aircraft and equipment, proceeded for operational work in the Mediter-
ranean. Such aircraft and equipment furnished prior to 15th February,
1944, which have subsequently been transferred to the Mediterranean
Theatre and later returned to the Union will be regarded as Lend-Lease
material supplied to the Union Government before 15th February, 1944.
(4) For so far as the Joint Air Training Scheme in the Union of South
Africa is concerned, it is the understanding of the Union Government that
they will not be required to pay for aircraft and equipment which the United
Kingdom is obligated to supply for the scheme and which are used solely
for that purpose.
(5) Goods are frequently landed in the Union by mistake e.g. when
they arrive without shipping documents and ships have to be cleared with-
488 SOUTH AFRICA
out delay. It is the understanding of the Union Government that such goods
will not be regarded as "accepted" by them, although they may be stored
by the responsible authorities for security purposes pending a directive from
the United States Government as to their disposition.
The Secretary of State to the South African Charge d' Affaires ad interim
Department of State
Washington
April 17, 1945
Sir:
I acknowledge receipt of your note of today's date concerning the financ-
ing by cash payments as from February 15, 1944 of all forms of mutual aid
provided by either the Government of the Union of South Africa or of the
United States to the other.
I am glad to advise you that the Government of the United States shares
the understanding of the Government of the Union of South Africa as ex-
pressed in that note and in the Annex thereto. I agree that your note and
this reply thereto should be regarded as placing on record the understanding
of our two Governments in this matter.
Accept, Sir, the renewed assurances of my high consideration.
E. R. Stettinius, Jr.
J. R. Jordaan, Esquire,
Charge d' Affaires ad interim of
The Union of South Africa.
POSTWAR ECONOMIC SETTLEMENTS
Exchange of notes at Washington April 17, 1945
Entered into force April 17, 1945
60 Stat. 1579; Treaties and Other
International Acts Series 1512
The Secretary of State to the South African Charge d'Aff aires ad interim
Department of State
Washington
April 17, 1945
Sir:
I set forth below my understanding of the conclusions reached in conversa-
tions which have taken place from time to time during the past year between
representatives of the Government of the United States and the Government
of the Union of South Africa with regard to post-war economic settlements.
Our two Governments are engaged in a cooperative undertaking, together
with every other nation or people of like mind, to the end of laying the bases
of a just and enduring world peace securing order under law to themselves
and all nations. They are in agreement that post-war settlements must be
such as to promote mutually advantageous economic relations between them
and the betterment of world-wide economic relations.
To that end the Governments of the United States of America and of the
Union of South Africa are prepared to cooperate in formulating a program
of agreed action, open to participation by all other countries of like mind,
directed to the expansion, by appropriate international and domestic meas-
ures, of production, employment, and the exchange and consumption of
goods, which are the material foundations of the liberty and welfare of all
peoples ; to the elimination of all forms of discriminatory treatment in inter-
national commerce, and to the reduction of tariffs and other trade barriers ;
and, in general, to the attainment of all the economic objectives set forth in
the Joint Declaration made on August 14, 1941 by the President of the
United States of America and the Prime Minister of the United Kingdom.1
Our Governments have in large measure similar interests in post-war inter-
national economic policy. They undertake to enter at an early convenient
date into conversations between themselves and with representatives of other
' LAS 236. ante, vol. 3, p. 686.
489
490 SOUTH AFRICA
United Nations with a view to determining, in the light of governing eco-
nomic conditions, the best means of attaining the above-stated objectives by
agreed action on the part of our two Governments and other like-minded
Governments.
If the Government of the Union of South Africa concurs in the fore-
going statement of conclusions, I would suggest that the present note and
your reply to that effect should be regarded as placing on record the under-
standing of our two Governments in this matter.
Accept, Sir, the renewed assurances of my highest consideration.
E. R. Stettinius, Jr.
J. R. Jordaan, Esquire,
Charge d' Affaires ad interim of
the Union of South Africa.
The South African Charge d: 'Affaires ad interim to the Secretary of
State
Legation of the
Union of South Africa
Washington, D.C.
17th April, 1945
Sir,
I have the honour to refer to your note of today's date setting forth your
understanding of the conclusions reached in conversations between repre-
sentatives of the Government of the Union of South Africa and the Gov-
ernment of the United States with regard to post-war economic settlements.
That understanding is as follows:
Our two Governments are prepared to cooperate in formulating a pro-
gram of agreed action, open to participation by all other countries of like
mind, directed to the expansion, by appropriate international and domestic
measures, of production, employment, and the exchange and consumption
of goods, which are the material foundations of the liberty and welfare of
all peoples; to the elimination of all forms of discriminatory treatment in
international commerce, and to the reduction of tariffs and other trade bar-
riers; and, in general, to the attainment of all the economic objectives
set forth in the Joint Declaration made on August 14, 1941, by the President
of the United States of America and the Prime Minister of the United
Kingdom.
Our Governments have in large measure similar interests in post-war
international economic policy. They undertake to enter at an early conven-
ient date into conversations between themselves and with representatives of
other United Nations with a view to determining, in the light of governing
POSTWAR ECONOMIC SETTLEMENTS— APRIL 17, 1945 491
economic conditions, the best means of attaining the above -stated objec-
tives by agreed action on the part of our two Governments and other like-
minded Governments.
I am instructed to inform you that the Government of the Union of South
Africa concurs in the foregoing statement of conclusions and agrees to
your suggestion that your note of today's date, and this reply should be
regarded as placing on record the understanding of our two Governments
in this matter.
Accept, Sir, the renewed assurances of my high consideration.
J. R. JORDAAN
Charge d'Affaires ad interim
The Honourable E. R. Stettinius,
Secretary of State of the United States,
Department of State,
Washington, D.C.
DOUBLE TAXATION: TAXES ON INCOME
Convention signed at Pretoria December 13, 1946
Supplemented by protocol of July 14, 1950
Senate advice and consent to ratification, with a reservation and an
understanding, September 17, 1951
Ratified by the President of the United States, with a reservation and
an understanding, December 14, 1951
Ratified by South Africa June 18, 1952
Ratifications exchanged at Washington July 15, 1952
Entered into force July 15, 1952
Proclaimed by the President of the United States August 19, 1952
[For text of convention and supplementary protocol, see 3 UST 3821 :
TIAS 2510.]
492
LEND-LEASE SETTLEMENT
Exchange of notes at Washington March 21, 1947, with text of agree-
ment and schedule
Entered into force March 21, 1947
61 Stat. 2640; Treaties and Other
International Acts Series 1593
The Acting Secretary of State to the South African Minister
Department of State
Washington
March 21, 1947
Sir:
Representatives of the Governments of the United States of America and
the Union of South Africa have now finished their discussions concerning the
settlement of Lend-Lease, Reciprocal Aid, Surplus War Property and Claims.
Accord has been reached on all points as set forth in the accompanying docu-
ment, which gives complete terms of the overall settlement accepted by
both sides.
The Government of the United States of America hereby signifies its
acceptance of the terms and conditions of settlement set forth in the accom-
panying document entitled "Agreement between the Government of the
United States of America and the Government of the Union of South Africa
on Settlement for Lend-Lease, Reciprocal Aid, Surplus War Property, and
Claims" and suggests that this note and your reply indicating acceptance by
the Government of the Union of South Africa be regarded as placing on
record the agreement of our two Governments in this matter, to take effect on
this date.
Accept, Sir, the renewed assurances of my highest consideration.
Dean Acheson
Acting Secretary of State
Enclosure:
Agreement between the Government of
the United States of America and the
Government of the Union of South Africa
The Honorable
H. T. Andrews,
Minister of the Union of South Africa.
493
494 SOUTH AFRICA
Agreement between the Government of the United States of
America and the Government of the Union of South Africa
on Settlement for Lend-Lease, Reciprocal Aid, Surplus War
Property, and Claims
The Government of the United States of America and the Government
of the Union of South Africa have reached agreement as set forth below
regarding setdement for all lend-lease and reciprocal aid, for the surplus
war property specified herein, and for the financial claims of each Govern-
ment against the other arising as the result of World War II. This settlement
is complete and final. Both Governments, in arriving at this settlement, have
taken full cognizance of the benefits already received by them in the defeat
of their common enemies, and of the aid furnished by each Government to
the other in the course of the war. No further benefits will be sought as con-
sideration for lend-lease or reciprocal aid, for the surplus war property spec-
ified herein, or for the settlement of claims or other obligations arising out
of the war, except as herein specifically provided.
In reaching this agreement, the two Governments, pursuant to the gen-
eral obligations assumed by them in the exchange of notes dated April 17,
1945,1 in Washington, D.C., reaffirm their intention to cooperate in formu-
lating a program of agreed action, open to participation by all countries of
like mind, directed to the expansion, by appropriate international and
domestic measures, of production, employment, and the exchange and con-
sumption of goods, to the elimination of all forms of discriminatory treatment
in international commerce, and to the reduction of tariffs and other trade
barriers. To this end, the two governments have reached substantial mutual
accord on agreements relating to air transportation, telecommunications and
the avoidance of double estate and income taxation.
1. (a) The term "lend-lease article" as used in this Agreement means
any article transferred by the Government of the United States of America
under the Act of March 11, 1941 ; 2
( i ) to the Government of the Union of South Africa, or
(ii) to any other Government and retransf erred to the Government
of the Union of South Africa.
(b) The term "reciprocal aid article" as used in this Agreement means
any article transferred by the Government of the Union of South Africa to
the Government of the United States of America under reciprocal aid.
2. The net sum due from the Union of South Africa to the Government
of the United States of America, over and above any payments heretofore
made, for the settlement of lend-lease and reciprocal aid, for acquisition of
surplus war property specified herein, and for settlement of net outstanding
XTIAS 1512, ante, p. 489.
a 55 Stat. 31.
LEND-LEASE SETTLEMENT— MARCH 21, 1947 495
claims covered by this Agreement, shall be One Hundred Million United
States dollars, one-half of this sum being payable within thirty (30) days,
the remaining half within one hundred eighty (180) days, from the date on
which this Agreement becomes effective.
3. The Government of the Union of South Africa hereby acquires full
title, without qualification as to disposition or use, to all lend-lease articles in
the possession of the Government of the Union of South Africa, its agents or
transferees, on the date of this Agreement, except vessels covered by para-
graph 6 of this Agreement; provided that the Government of the Union of
South Africa hereby agrees not to transfer to any third country, without the
prior consent of the Government of the United States of America and without
payment of any proceeds to the Government of the United States of America,
any lend-lease article held by it in the categories of arms, ammunition and
lethal weapons. The Government of the Union of South Africa, upon com-
pletion of the necessary formalities, shall receive full title, without qualifica-
tion as to disposition or use, to items of property listed in the Schedule at-
tached hereto.
4. The Government of the United States of America hereby acquires
full title, without qualification as to disposition or use, to all reciprocal aid
articles in the possession of the Government of the United States of America,
its agents or transferees, on the date of this Agreement.
5. This Agreement does not cover articles of lend-lease origin, regardless
of their present location, with respect to which the Government of the Union
of South Africa has not acknowledged responsibility or accountability to the
Government of the United States of America (even if such articles are now
in the physical possession of the Government of the Union of South Africa,
its agents or transferees) except as such articles may be listed in the Schedule
attached hereto.
6. The Government of the Union of South Africa will, unless otherwise
agreed, return as soon as possible after receiving notice of the request for
return all vessels procured or constructed out of funds appropriated to the
United States Navy Department or the United States Maritime Commis-
sion and transferred to it under lend-lease.
7. (a) The Government of the Union of South Africa hereby assumes
responsibility for the settlement and payment of all claims against the Gov-
ernment of the United States of America or members of the United States
Armed Forces arising from acts or omissions occurring before June 30, 1946,
in the course of military duties of members of the United States Armed Forces
in the Union of South Africa.
(b) All financial claims whatsoever of one Government against the other
which (i) arose out of lend-lease or reciprocal aid, or (ii) otherwise arose
on or after September 3, 1939 and prior to September 2, 1945, out of or
incidental to the conduct of World War II are hereby waived, and neither
Government will hereafter raise or pursue any such claims against the other.
308-582—73 33
496 SOUTH AFRICA
The foregoing waiver shall not be applicable to claims of the Government
of the United States of America against the Government of the Union of
South Africa arising out of cash reimbursement orders for lend-lease articles
filed by the Union of South Africa; however, such portion of the sum of
$100 million payable under paragraph 2 above as may be necessary to
discharge the obligations of the Government of the Union of South Africa
in connection with these existing arrangements shall be used for this pur-
pose and no additional payment of any kind shall be required. The foregoing
waiver shall also not be applicable to claims submitted in accordance with
the practice whereby one Government espouses a claim of one of its nationals
and presents it through diplomatic channels to the other Government.
8. In consideration of the mutual undertakings of this Agreement, the
two Governments hereby waive all claims whatsoever of one Government
against the other arising out of all disposals made by the War Stores Disposal
Board of the Union of South Africa of articles title to which is acquired
by the Union of South Africa under this Agreement.
9. In connection with property acquired under this Agreement, the
Government of the Union of South Africa will observe and will call the
attention of any transferee to the regulations of the United States Depart-
ment of State which prohibit, except in certain cases, the importation into
the United States of America of surplus property sold in foreign areas.
10. Both Governments, when they dispose of articles acquired pursuant
to the terms of this Agreement, will use their best endeavors to avoid dis-
crimination against the legitimate interests of the manufacturers or producers
of such articles, or their agents or distributors, in each country.
1 1 . This Agreement shall take effect on the date of its acceptance by
both Governments.
SCHEDULE
Property to which the Union of South Africa shall receive full title on a
"where is, as is" basis upon completion of the necessary formalities of
transfer.
A. This category comprises property located in the Union of South Africa
noted as "B L/L Material Held by U. K. Government" on a list headed
"Lend Lease Material on hand in South Africa which Union Government
is prepared to consider purchasing." handed the United States negotiators
by the South African negotiators on August 7, 1946 and consists of items
thereon as follows:
(vii) 25 C-47 Aircraft.
(viii) 25 Vega P. V. 1. Aircraft.
(ix) 120 Harvard Aircraft.
(x) 60 Spare P. & W. Engines for Harvard Aircraft.
(xi) Spares to maintain 80 Harvards and their engines.
(xii) 60 P. & W. Engines (R 1830-90 C) and American Propeller and
instrument equipment installed in 15 Sunderland Aircraft,
(xiii) 14 P. & W. Engines R 1830-90 C (spares for Sunderland).
LEND-LEASE SETTLEMENT— MARCH 21, 1947 497
B. This category comprises property consent to the retransfer of which
from U.K. Military Holdings in Italy to the South African Forces in Italy
is given in letter from the Lend Lease Administrator, State Department to
British Army Staff dated January 3, 1947 and consists of property listed
below. It should be noted that the consent to retransfer of January 3, 1947
specifically does not cover any items which might no longer have been avail-
able at the time and that, therefore, the quantities listed below are subject
to revision to that effect.
Tank Sherman 1BM4 (105mm) 15
11A M4A1 (76mm) 67
1C M4 (17 pr) 15
" ARV T/5 M32B1 1
GMC 3-in M10 (SP) 24
Tank Amn (to match the above)
76-mm H.E. 89, 000
76-mm A.P. 34,500
76-mm Smoke 13,500
105-mm H.E. 20,000
105-mm A.P. 7,500
105-mm Smoke 3,000
Car 5 cwt 4x4 2
Trailer 5 cwt 2 wh Amphibian GS 2
Tractors Gun 5.5 in (Mack) 9
Tractors Gun 3.7 in H.A.A. (Mack) 2
Lorry 3 ton 4/6 wh Machy GMC 3
Lorry 5 ton 4/6 wh Tech Machy Shop GMC 2
Lorry 3 ton 4/6 wh Instruments Wksp GMC 1
Lorry 3 ton 4/6 wh Welding GMC 1
Lorry 3 ton 4/6 wh Machy type Z GMC 2
6x6 Wrecker B/D Ward la France 6
Tractor tracked D4 Bulldozer Caterpillar 4
Tractor tracked D7 Bulldozer Caterpillar 1
Tractor tracked D8 Caterpillar 2
Tractor 6x4 B/D Diamond T 4
Tractor 6x4 B/D Mack 5
Tractor 6x6 B/D Diamond T 1
Tptr 20 ton 6 x 4-4 Semi trailer Federal 2
Tractor 6 x 4 for 40 ton Tptr trailer Diamond T 8
Trailer 40 ton 24 wh Tptr Rogers 2
Compressors Ingersoll Rand K160 Truck Mtd 2
Portable 12
« K210 « 2
Le Roi K160 Truck Mtd 6
" " " Portable 1
Chicago Pneumatic K210 Truck Mtd 6
K500 Portable 2
Davey D160 Portable 7
Compressor Davey CD 14 Portable 1
Compressors Gardner Denver BUG4010 Stationary 1
Compressors Curtiss 50 cu/ft/min approx Stationary 3
Curtiss 210 cu/ft/min approx Stationary 1
Sullivan 160 cu/ft/min Stationary 1
Bulldozers with PCU Caterpillar D8 2
D7 3
.. « «. » D6 3
" Hysterwinch Caterpillar D4 1
" Cable operated Caterpillar D7 2
W/out PCU Caterpillar D6 1
D4 2
Angledozers with PCU Caterpillar D8 6
D7 3
D6 3
D4 3
498
SOUTH AFRICA
Angledozers with Hyster winch Caterpillar D8 1
W/out PCU Caterpillar D8 1
D4 5
Tractors Solo Caterpillar D8 1
D4 3
With PCU Caterpillar D8 4
D7 5
Tptr Tractors wh M/30 Caterpillar 1
Tptr Tractors Diamond T 4
Tptr Tractors Federal 4
Tptr Tractors Mack 10 ton 4
Tptr Tractors Mack 6 ton 1
Trailers Rogers 40 ton 6
Trailers Rogers 30 ton 4
Trailers Rogers 10 ton 1
Trailers Federal 4
Trailers 8 wh Tech Mob Wksp Freuhauf 1
Trailers Machy Freuhauf 1
Trailers 8 wh Stores Freuhauf 2
Truck 6x6 Tech Mob Wksp USA GMC 1
Excavators Michigan Truck Mtd 2
Excavators Quickway Truck Mtd 1
Motor Graders Caterpillar 12 9
Motor Graders Caterpillar Auto 112 6
Motor Graders Galion 101 Pet 1
Graders Caterpillar 66 drawn blade 5
Graders Adams drawn blade 1
Crane D4 Caterpillar 1
Crane Truck Mtd type "E" Quickway 1
Crane T61 Michigan 1
Crane WH P and H 8 ton 1
Scrapers 8 cu yd Tourneau Carryall 3
Scrapers 6 cu yd Tourneau Carryall 4
Rooters Le Tourneau S8 1
K30 2
Rippers Le Tourneau 3
Timte Trailer with following accessories for Quickway Crane,
Clamshell and Dragline 2
Machine Spray Painting Curtiss 4
Plant Spray Painting Aerograph 2
Welding Plants Electric Hobart 17
Welding Plants Dual Arc 2
Welding Plants Electric Portable 4
Welding Plants Electric Arc
Pillar Drilling Machine Pollard Coma
Milling Machine Milwaukee
Grinder Pedestal
Furnace Heat Treatment
Machine Drilling Sets Pollard
Generator Set 50 Kva Caterpillar D8/D4
Pipe Screwing Machine Osier
Press Straightening Machine Weaver
Bandsaw
Generating Sets "Buddha" 31.2 kva 220/380v 2
Rifle No. 4 MK-1 "T" Snipers 60
C. This category comprises property shipped to South Africa under
requisition filed by the British Admiralty Delegation and consists of the
following :
1 1 Miami 63 ft. Aircraft Rescue Boats
The Government of the Union of South Africa shall offer these boats for
return to the Government of the United States after which title shall be
LEND-LEASE SETTLEMENT— MARCH 21, 1947 499
transferred to the Union of South Africa in accordance with procedures for
the disposal of surplus property.
The South African Minister to the Acting Secretary of State
Legation of the
Union of South Africa
Washington, D.C.
21st March, 1947
Sir,
I have the honour to acknowledge the receipt of your Note of today's date
concerning the discussions which have taken place between representatives of
our two Governments on the subject of the settlement of Lend-Lease and
related matters, and setting forth terms and conditions which are acceptable
to the Government of the United States of America in a document attached
thereto entitled, "Agreement between the Government of the United States
of America and the Government of the Union of South Africa on Settlement
for Lend-Lease, Reciprocal Aid, Surplus War Property, and Claims".
At the direction of my Government, I have the honour to state that the
terms and conditions contained in the document which accompanied your
Note are acceptable to the Government of the Union of South Africa.
The Government of the Union of South Africa agrees that your Note
and this reply shall be regarded as placing on record the Agreement of our
two Governments in this matter, and that the Agreement shall take effect on
this date.
Accept, Sir, the renewed assurances of my highest consideration.
H. T. Andrews
The Honourable
Dean Acheson,
Acting Secretary of State
of the United States of America,
Department of State,
Washington, D.C.
DOUBLE TAXATION: ESTATE TAXES
Convention signed at Cape Town April 10, 1947
Supplemented by protocol of July 14, 1950
Senate advice and consent to ratification, with an understanding,
September 17, 1951
Ratified by the President of the United States, with an understanding,
December 14, 1951
Ratified by South Africa June 18, 1952
Ratifications exchanged at Washington July 15, 1952
Entered into force July 15, 1952
Proclaimed by the President of the United States August 19, 1952
[For text of convention and supplementary protocol, see 3 UST 3792;
TIAS 2509.]
500
AIR TRANSPORT SERVICES
Agreement with annex, schedules, and exchange of notes signed at
Cape Town May 23, 1947
Entered into force May 23, 1947
Amended by agreements of July 21 and November 2, 1953,1 and
June 28,1968*
61 Stat. 3057; Treaties and Other
International Acts Series 1639
Agreement between the Government of the United States of
America and the Government of the Union of South Africa
Relating to Air Services Between Their Respective Territories
The Government of the United States of America and the Government of
the Union of South Africa, considering —
that the possibilities of commercial aviation as a means of transport have
greatly increased, and
that it is desirable to organize the international air services in a safe and
orderly manner and to further as much as possible the development of inter-
national co-operation in this field,
have appointed their representatives, who duly authorized, have agreed
upon the following:
Article I
The contracting parties grant to each other the rights specified in the annex
hereto for the establishment of the international air services set forth in that
annex, (hereinafter referred to as the "agreed services").
Article II
(A) The agreed services may be inaugurated immediately or at a later
date at the option of the contracting party to whom the rights are granted, on
condition that —
( 1 ) the contracting party to whom the rights have been granted shall
have designated an air carrier or carriers for the specified route or routes ;
MUST 2205; TIAS 2870.
M9UST 5193; TIAS 6512.
501
502 SOUTH AFRICA
(2) the contracting party which grants the rights shall have given the
appropriate operating permission to the air carrier or carriers concerned pur-
suant to paragraph (B) of this article which (subject to the provisions of
Article VI ) it shall do with the least possible delay.
(B) The designated air carrier or carriers may be required to satisfy
the aeronautical authorities of the contracting party granting the rights that
it or they is or are qualified to fulfil the conditions prescribed by or under the
laws and regulations normally applied by those authorities to the operations of
commercial air carriers.
Article III
(A) The charges which either contracting party may impose or permit
to be imposed on the designated air carrier or carriers of the other contracting
party for the use of airports and other facilities shall not be higher than would
be paid for the use of such airports and facilities by its national aircraft em-
ployed in similar international air services.
(B) Fuel, lubricating oils and spare parts introduced into, or taken on
board aircraft in the territory of one contracting party by, or on behalf of, any
designated air carrier of the other contracting party and intended solely for
use by the aircraft of such carrier shall be accorded, with respect to customs
duties, inspection fees and other charges imposed by the former contract-
ing party, treatment not less favourable than that granted to national air
carriers engaged in international air services or such carriers of the most
favoured nation.
( C ) Aircraft of the designated airline of one contracting party operating
on the agreed services on a flight to, from or across the territory of the other
contracting party shall be admitted temporarily free from customs duties sub-
ject otherwise to the customs regulations of such other contracting party. Sup-
plies of fuel, lubricating oils, spare parts, regular equipment and aircraft
stores retained on board aircraft of any designated air carrier of one contract-
ing party shall be exempt in the territory of the other contracting party from
customs duties, inspection fees or similar duties or charges, even though such
supplies be used by such aircraft on flights within that territory.
Article IV
Certificates of airworthiness, certificates of competency and licences issued
or rendered valid by one contracting party and still in force shall be recog-
nized as valid by the other contracting party for the purpose of operation of
the agreed services. Each contracting party reserves the right, however, to re-
fuse to recognize for the purpose of flight above its own territory, certificates of
competency and licences granted to its own nationals by another state.
Article V
(A) The laws and regulations of one contracting party relating to the
admission to or departure from its territory of aircraft engaged in interna-
AIR TRANSPORT SERVICES— MAY 23, 1947 503
tional air navigation, or to the operation and navigation of such aircraft while
within its territory, shall be applied to the aircraft of the other contracting
party, and shall be complied with by such aircraft upon entering or depart-
ing from or while within the territory of the first party.
(B) The laws and regulations of each contracting party as to the admis-
sion to, sojourn in and departure from its territory of passengers, crew and
cargo of aircraft, such as regulations relating to entry, clearance, immigra-
tion, passports, customs and quarantine, shall be observed.
Article VI
Each contracting party reserves the right to withhold or revoke a certif-
icate or permit to an air carrier designated by the other contracting party in
the event that it is not satisfied that substantial ownership and effective control
of such carrier are vested in nationals of the other contracting party, or in
case of failure by that carrier to comply with the laws and regulations referred
to in Article V hereof, or otherwise to fulfil the conditions under which the
rights are granted in accordance with this agreement and its annex.
Article VII
(A) In a spirit of close collaboration, the aeronautical authorities of the
two contracting parties will consult regularly with a view to assuring the
observance of the principles and the implementation of the provisions out-
lined in this the present agreement and its annex.
(B) In the event of the aeronautical authorities of either contracting
party failing or ceasing to publish information in relation to the agreed serv-
ices on lines similar to that included in the Airline Traffic Surveys (Station
to Station and Origination and Destination) now published by the Civil
Aeronautics Board and failing or ceasing to supply such data of this character
as may be required by the International Civil Aviation Organization, the
aeronautical authorities of such contracting party shall supply, on the request
of the aeronautical authorities of the other contracting party, such informa-
tion of that nature as may be requested.
Article VIII
For the purpose of the present agreement and its annex —
(A) the term "territory" as applied to each contracting party shall be
deemed to be the land areas and territorial waters adjacent thereto under the
sovereignty, suzerainty, protection, mandate, or trusteeship of such contract-
ing party;
(B) the term "aeronautical authorities" shall mean in the case of the
Union of South Africa the Minister in Charge of Civil Aviation, and in the
case of the United States the Civil Aeronautics Board, and in both cases any
308-582—73 34
504 SOUTH AFRICA
person or body authorized to perform the functions presently exercised by the
aeronautical authorities as defined herein;
(C) the term "international air services" shall have the meaning speci-
fied in Article 96 of the Convention on International Civil Aviation signed at
Chicago on December 7, 1944.3
Article IX4
Except as otherwise provided in this agreement or its annex, any dispute
between the contracting parties relative to the interpretation or application
of this agreement or its annex, which cannot be settled through consultation,
shall be submitted for an advisory report to a tribunal of three arbitrators,
one to be named by each contracting party, and the third to be agreed upon
by the two arbitrators so chosen, provided that such third arbitrator shall not
be a national of either contracting party. Each of the contracting parties shall
designate an arbitrator within two months of the date of delivery by either
party to the other party of a diplomatic note requesting arbitration of a dis-
pute; and the third arbitrator shall be agreed upon within one month after
such period of two months. If the third arbitrator is not agreed upon, within
the time limitation indicated, the vacancy thereby created shall be filled by the
appointment of a person, designated by the president of the council of ICAO,
from a panel of arbitral personnel maintained in accordance with the practice
of ICAO. The executive authorities of the contracting parties will use their
best efforts under the powers available to them to put into effect the opinion
expressed in any such advisory report. A moiety of the expenses of the arbitral
tribunal shall be borne by each party.
Article X
This agreement and all relative contracts shall be registered with the Inter-
national Civil Aviation Organization.
Article XI
(A) This agreement, including the provisions of the annex thereof, will
come into force on the day it is signed.
( B ) Either contracting party may at any time request consultation with
the other with a view to initiating any amendments of this agreement or its
annex which may be desirable in the light of experience. If a multilateral air
convention enters into force in relation to both contracting parties, such con-
sultation shall take place with a view to amending the present agreement or
its annex so as to conform to the provisions of such a convention.
(C) Except as otherwise provided in this agreement or its annex, if
either of the contracting parties considers it desirable to modify the terms
of the annex to this agreement it may request consultation between the
aeronautical authorities of both contracting parties, such consultation to
8 TIAS 1591, ante, vol. 3, p. 969.
4 For an understanding regarding art. IX, see exchange of notes, p. 510.
AIR TRANSPORT SERVICES— MAY 23, 1947 505
begin within a period of sixty days from the date of the request. Any modi-
fication in the annex agreed to by said aeronautical authorities shall come
into effect when it has been confirmed by an exchange of diplomatic notes.
( D ) When the procedure for a consultation provided for in paragraph
(B) of the present article has been initiated, either contracting party may
at any time give notice to the other of its desire to terminate this agreement.
Such notice shall be simultaneously communicated to the International
Civil Aviation Organization.
This agreement shall terminate one year after the date of receipt of the
notice to terminate by the other contracting party unless the notice is with-
drawn by agreement before the expiration of this period. In the absence of
acknowledgment of receipt by the other contracting party, notice shall be
deemed to have been received fourteen days after the receipt of the notice
by the International Civil Aviation Organization.
Done at Cape Town this 23rd day of May, 1947, in duplicate in the Eng-
lish and Afrikaans languages, each of which shall be of equal authenticity.
For the Government of the United States of America :
T. Holcomb [seal]
For the Government of the Union of South Africa :
J. C. Smuts [seal]
Annex
Section I
The Government of the United States of America grants to the Gov-
ernment of the Union of South Africa the right to conduct air transport
services by one or more air carriers of South African nationality designated
by the latter country on the routes, specified in Schedule I attached, which
transit or serve commercially the territory of the United States of America.
Section II
The Government of the Union of South Africa grants to the Government
of the United States of America the right to conduct air transport services
by one or more carriers of United States nationality designated by the latter
country on the routes, specified in Schedule II attached, which transit or
serve commercially territory of the Union of South Africa.
Section III
One or more air carriers designated by each of the contracting parties
under the conditions provided in this agreement will enjoy, in the territory
of the other contracting party, rights of transit, of stops for non-traffic
506 SOUTH AFRICA
purposes and of commercial entry and departure for international traffic
in passengers, cargo and mail at the points enumerated and on each of
the routes specified in the schedules attached at all airports open to inter-
national traffic.
Section IV
It is agreed between the contracting parties —
(A) that the two governments desire to foster and encourage the widest
possible distribution of the benefits of air travel for the general good of
mankind at the cheapest rates consistent with sound economic principles;
and to stimulate international air travel as a means of promoting friendly
understanding and good will among peoples and ensuring as well the
many indirect benefits of this new form of transportation to the common
welfare of both countries;
( B ) that the designated airlines of the two contracting parties operating on
the routes described in this annex shall enjoy fair and equal opportunity
for the operation of the agreed services. If the designated airline of one
contracting party is temporarily unable, as a result of the war to take advan-
tage of such opportunity, the contracting parties shall review the situation
with the object of assisting the said airline to take full advantage of the fair
and equal opportunity to participate in the agreed services;
( C ) that in the operation by the air carriers of either contracting party
of international services described in the present annex, the interests of the
air carriers of the other country shall, however, be taken into consideration
so as not to affect unduly the services which the latter provide on all or part
of the same route;
(D) that the total air transport services offered by the carriers of both
countries should bear a close relationship to the requirements of the public
for such services;
(E) that the services provided by a designated air carrier under this
agreement and its annex shall retain as their primary objective the provision
of capacity adequate to the traffic demands between the country of which
such air carrier is a national and the country of ultimate destination of
the traffic;
( F ) that the right of the air carriers of either country to embark and to
disembark at points in the territory of the other country international traffic
destined for or coming from third countries at a point or points on the
routes specified in the schedules attached shall be applied in accordance
with the general principles of orderly development to which both govern-
ments subscribe and shall be subject to the general principle that capacity
shall be related —
( 1 ) to traffic requirements between the country of origin and the coun-
tries of destination;
AIR TRANSPORT SERVICES— MAY 23, 1947 507
( 2 ) to the requirements of through airline operation ; and
(3) to the traffic requirements of the area through which the airline
passes after taking account of local and regional services.
Section V
(A) The determination of rates in accordance with the following para-
graphs shall be made at reasonable levels, due regard being paid to all
relevant factors, such as cost of operation, reasonable profit, and the rates
charged by any other carriers, as well as the characteristics of each service.
(B) The rates to be charged by the air carriers of either contracting
party between points in the territory of the United States and points in
the territory of the Union of South Africa referred to in this annex shall,
consistent with the provisions of the present agreement and its annex, be
subject to the approval of the aeronautical authorities of the contracting
parties, who shall act in accordance with their obligations under the present
annex, within the limits of their legal powers.
( C ) The Civil Aeronautics Board of the United States having approved
the traffic conference machinery of the International Air Transport Asso-
ciation (hereinafter called "IATA"), for a period of one year beginning in
February, 1947, any rate agreements concluded through this machinery
during this period and involving United States air carriers will be subject
to approval by the Board.
(D) Any rate proposed by the air carrier or carriers of either contract-
ing party shall be filed with the aeronautical authorities of both contracting
parties at least thirty days btfore the proposed date of introduction; pro-
vided that this period of thirty days may be reduced in particular cases if
so agreed by the aeronautical authorities of both contracting parties.
(E) The contracting parties agree that the procedure described in
paragraphs (F), (G) and (H) of this section shall apply —
( 1 ) if, during the period of the Civil Aeronautics Board's approval of
the IATA traffic conference machinery, either any specific rate agreement
is not approved within a reasonable time by either contracting party or
a conference of IATA is unable to agree on a rate; or
(2) if at any time no IATA machinery is applicable; or
(3) if either contracting party at any time withdraws or fails to renew
its approval of that part of the IATA traffic conference machinery relevant
to this section.
( F ) In the event that power is conferred by law upon the aeronautical
authorities of the United States to fix fair and economic rates for the trans-
port of persons and property by air on international services and to suspend
proposed rates in a manner comparable to that in which the Civil Aero-
nautics Board at present is empowered to act with respect to such rates for
508 SOUTH AFRICA
the transport of persons and property by air within the United States, each
of the contracting parties shall thereafter exercise its authority in such man-
ner as to prevent any rate or rates proposed by one of its carriers for services
from the territory of one contracting party to a point or points in the terri-
tory of the other contracting party from becoming effective, if in the judg-
ment of the aeronautical authorities of the contracting party whose air carrier
or carriers is or are proposing such rate, that rate is unfair or uneconomic.
If one of the contracting parties on receipt of the notification referred to in
paragraph ( D ) above is dissatisfied with the rate proposed by the air carrier
or carriers of the other contracting party, it shall so notify the other contract-
ing party prior to the expiry of the first fifteen of the thirty days referred to,
and the contracting parties shall endeavour to reach agreement on the appro-
priate rate.
In the event that such agreement is reached, each contracting party
will exercise its statutory powers to give effect to such agreement.
If agreement has not been reached at the end of the thirty day period
referred to in paragraph ( D ) above, the proposed rate may, unless the aero-
nautical authorities of the country of the air carrier concerned see fit to sus-
pend its application, go into effect provisionally pending the settlement of
any dispute in accordance with the procedure outlined in paragraph (H)
below.
(G) Prior to the time when such power may be conferred by law upon
the aeronautical authorities of the United States, if one of the contracting
parties is dissatisfied with any rate proposed by the air carrier or carriers of
either contracting party for services from the territory of one contracting
party to a point or points in the territory of the other contracting party, it
shall so notify the other prior to the expiry of the first fifteen of the thirty
day period referred to in paragraph (D) above, and the contracting parties
shall endeavour to reach agreement on the appropriate rate.
In the event that such agreement is reached each contracting party will
use its best efforts to cause such agreed rate to be put into effect by its air
carrier or carriers.
It is recognized that if no such agreement can be reached prior to the
expiry of such thirty days, the contracting party raising the objection to the
rate may take such steps as it may consider necessary to prevent the inaugu-
ration or continuation of the service in question at the rate complained of.
(H) When in any case under paragraphs (F) and (G) above the
aeronautical authorities of the two contracting parties cannot agree within
a reasonable time upon the appropriate rate after consultation initiated by
the complaint of one contracting party concerning the proposed rate or an
existing rate of the air carrier or carriers of the other contracting party,
upon the request of either, both contracting parties shall submit the question
to arbitration in the manner prescribed in Article IX of the Agreement.
AIR TRANSPORT SERVICES— MAY 23, 1947 509
(I) The Executive Branch of the Government of the United States
agrees to use its best efforts to secure legislation empowering the aeronautical
authorities of the United States to fix fair and economic rates for the trans-
port of persons and property by air on international services, and to suspend
proposed rates in a manner comparable to that in which the Civil Aero-
nautics Board at present is empowered to act with respect to such rates for
the transport of persons and property by air within the United States.
Section VI
It is recognized that the determination of tariffs to be applied by an air
carrier of one contracting party between the territory of the other contracting
party and a third country is a complex question, the overall solution of
which cannot be sought through consultation between only two countries.
It is noted, furthermore, that the method of determining such tariffs is now
being studied by ICAO. It is understood under these circumstances- —
(A) that, pending the acceptance by both parties of any recommenda-
tions which ICAO may make after its study of this matter, such tariffs shall
be subject to consideration under the provisions of Section IV (C) of the
annex to the agreement.
(B) that in case ICAO fails to establish a means of determining such
rates satisfactory to both contracting parties, the consultation provided for
in Article X (B) of the agreement shall be in order.
Section VII 5
Changes made by either contracting party in the routes described in the
schedules attached except those which change the points served by airlines
of one contracting party in the territory of the other contracting party shall
not be considered as modifications of the annex. The aeronautical authorities
of either contracting party may therefore proceed unilaterally to make such
changes, provided, however, that notice of any change is given without delay
to the aeronautical authorities of the other contracting party.
If such other aeronautical authorities find that, having regard to the prin-
ciples set forth in Section IV of the present annex, interests of their air carrier
or carriers are prejudiced by the carriage by the air carrier or carriers of the
first contracting party of traffic between the territory of the second contract-
ing party and the new point in the territory of a third country, the authorities
of the two contracting parties shall consult with a view to arriving at a
satisfactory agreement.
Section VIII
After the present agreement comes into force, the aeronautical authorities
of both contracting parties will exchange information as promptly as possible
" Sec. VII deleted by agreement of June 28, 1968 (19 UST 5193; TIAS 6512).
510 SOUTH AFRICA
concerning the authorizations extended to their respective designated air
carriers to render service to, through and from the territory of the other
contracting party. This will include copies of current certificates and authori-
zations for service on the routes which are the subject of this agreement and,
for the future, such new authorizations as may be issued together with
amendments, exemption orders and authorized sendee patterns.
schedule i 6
Airlines of the Union of South Africa authorized under the present agree-
ment are accorded in the territory of the United States on a service or services
between the Union of South Africa and New York rights of transit and
non-traffic stop, as well as the right to pick up and discharge international
traffic in passengers, cargo and mail at such points and over such routes as
may be determined at a later date.
Airlines of the United States of America authorized under the present
agreement are accorded rights of transit and non-traffic stop in the territory
of the Union of South Africa, as well as the right to pick up and discharge
international traffic in passengers, cargo and mail at Johannesburg and
Cape Town on the following routes in both directions. On each of the routes
described below the airline or airlines designated to operate such route may
operate non-stop flights between any of the points on such route omitting
stops at one or more of the other points on such route.
( 1 ) United States via the North Atlantic and Africa to Johannesburg.
( 2 ) United States via the Caribbean, South America, the South Atlantic
and Africa to Cape Town.
Exchange of Notes
The American Minister to the Minister of External Affairs
Legation of the
United States of America
Cape Town
May 23, 1947
Sir:
I have the honor to refer to the Bi-lateral Air Transport Agreement con-
cluded today between the Governments of the United States and the Union
6 For an amendment of schedule I, see agreement of June 28, 1968 ( 19 UST 5 193 ; TIAS
6512).
7 For amendments of schedule II, see agreements of July 21 and Nov. 2, 1953 (4 UST
2205; TIAS 2870), and June 28, 1968 (19 UST 5193; TIAS 6512).
AIR TRANSPORT SERVICES— MAY 23, 1947 511
of South Africa at Cape Town and in regard to Article IX of this Agreement
to state that it is the understanding of my Government that in the event either
contracting party should find itself unable to carry out the terms of an
advisory report which recommends rectifying action on the part of both con-
tracting parties, the contracting party which finds itself unable to carry out
the terms of such an advisory report shall so notify the other contracting party
which, upon receipt of such notification, will not necessarily be bound to carry
out the terms of such an advisory report.
This note and your confirmatory reply thereto will be regarded as consti-
tuting an agreement between the two Governments in the matter.
Please accept, Sir, the renewed assurance of my highest consideration.
T. Holcomb
Field Marshal
The Right Honorable
J. C. Smuts, O.M., P.C., C.H., K.G., D.T.D., M.P.,
Minister of External Affairs,
Cape Town.
The Minister of External Affairs to the American Minister
department of external affairs
Cape Town
23 May 1947
Mr. Minister,
I have the honour to acknowledge your note of today's date, which reads as
follows : —
[For text, see U.S. note, above.]
I confirm that your note and this reply will be regarded as constituting an
agreement to this effect between the two Governments.
Please accept, Mr. Minister, the renewed assurance of my highest
consideration.
J. C. Smuts
Minister of External Affairs
General Thomas Holcomb,
Envoy Extraordinary and
Minister Plenipotentiary of
the United States of America,
Cape Town.
EXTRADITION
Treaty signed at Washington December 18, 1947
Ratified by South Africa June 8, 1948
Senate advice and consent to ratification August 15, 1950
Ratified by the President of the United States August 23, 1950
Ratifications exchanged at Washington March 1, 1951
Proclaimed by the President of the United States April 20, 1951
Entered into force April 30, 1951
[For text, see 2 UST 884; TIAS 2243.]
512
EXCHANGE OF PUBLICATIONS
Exchange of notes at Pretoria November 16, 1949
Entered into force November 16, 1949
64 Stat. (3) B 109; Treaties and Other
International Acts Series 2038
The South African Secretary of External Affairs to the American Ambassador
department of external affairs
Pretoria
p.m. 69/36/1 16 November, 1949
Your Excellency,
I have the honour to refer to negotiations between representatives of the
Government of the Union of South Africa and of the Government of the
United States of America in regard to the exchange of official publications,
and to inform you that the Government of the Union of South Africa agree
that there shall be an exchange of official publications between the two
Governments in accordance with the following provisions:
1 . Each of the two Governments shall furnish regularly a copy of each of
its official publications which is indicated in a selected list prepared by the
other Government and communicated through diplomatic channels subse-
quent to the conclusion of the present agreement. The list of publications
selected by each Government may be revised from time to time and may be
extended, without the necessity of subsequent negotiations, to include any
other official publication of the other Government not specified in the list,
or publications of new offices which the other Government may establish
in the future.
2. The official exchange office for the transmission of publications of
the Government of the Union of South Africa shall be the Government
Printer. The official exchange office for the transmission of publications of
the United States of America shall be the Smithsonian Institution.
3. The publications shall be received on behalf of the Union of South
Africa by the Government Printer and on behalf of the United States of
America by the Library of Congress.
4. The present agreement does not obligate either of the two Govern-
ments to furnish blank forms, confidential publications or circulars which are
513
514 SOUTH AFRICA
not of a public character, and publications out of print, or not available, at
the time the request for their supply is received.
5. Each of the two Governments shall bear all charges, including postal,
rail and shipping costs, arising under the present agreement in connection
with the transportation within its own country of the publications of both
Governments and the shipment of its own publications to a port or other
appropriate place reasonably convenient to the exchange office of the other
Government.
6. The present agreement shall not be considered as a modification of
any existing exchange agreement between a department or agency of one of
the Governments and a department or agency of the other Government.
Upon the receipt of a note from you indicating that the foregoing provisions
are acceptable to the Government of the United States of America, the Gov-
ernment of the Union of South Africa will consider that this note and your
reply constitute an agreement between the two Governments on this subject,
the agreement to enter into force on the date of your note in reply.
Please accept, Your Excellency, the renewed assurance of my highest
consideration.
D. Forsyth
Secretary for External Affairs
His Excellency Mr. North Winship,
Ambassador Extraordinary and Plenipotentiary
of the United States of America,
Pretoria.
The American Ambassador to the South African Secretary of External
Affairs
American Embassy
Pretoria, November 16, 1949
Sir:
With reference to your note of November 16, 1949, and to the conversa-
tions between representatives of the Government of the United States of
America and representatives of the Government of the Union of South Africa
in regard to the exchange of official publications, I have the honor to inform
you that the Government of the United States of America agrees that there
shall be an exchange of official publications between the two Governments
in accordance with the following provisions:
[For text of provisions, see numbered paragraphs of U.S. note, above.]
EXCHANGE OF PUBLICATIONS— NOVEMBER 16, 1949 515
The Government of the United States of America considers that your note
and this reply constitute an agreement between the two Governments on this
subject, the agreement to enter into force on the date of this note.
Accept, Sir, the renewed assurances of my highest consideration.
North Wins hip
D. D. Forsyth, Esquire,
Secretary for External Affairs,
Department of External Affairs,
Union Buildings,
Pretoria.
Spain
FRIENDSHIP, LIMITS, AND NAVIGATION
Treaty signed at San Lorenzo el Real October 27, 1 795
Senate advice and consent to ratification March 3, 1796
Ratified by the President of the United States March 7, 1796
Ratified by Spain April 25, 1796
Ratifications exchanged at Aranjuez April 25, 1796
Entered into force April 25, 1796
Proclaimed by the President of the United States August 2, 1796
Articles II, HI, IV, and XXI and second clause of article XXII in-
validated by treaty of February 22, 1819 1
Terminated April 14, 1903, by treaty of July 3, 1902 2
8 Stat. 138; Treaty Series 325 3
His Catholic Majesty and the United States of America desiring to consoli-
date on a permanent basis the Friendship and good correspondence which
happily prevails between the two parties, have determined to establish by a
convention several points, the settlement whereof will be productive of general
advantage and reciprocal utility to both Nations.
With this intention his Catholic Majesty has appointed the most Excellent
Lord, Don Manuel de Godoy, and Alvarez de Faria, Rios, Sanchez Zarzosa,
Prince de la Paz, Duke de la Alcudia, Lord of the Soto de Roma and of the
State of Albala, Grandee of Spain of the first class, perpetual Regidor of the
City of Santiago, Knight of the illustrious Order of the Golden Fleece, and
Great Cross of the Royal and distinguished Spanish order of Charles the III.
Commander of Valencia del Ventoso, Rivera, and Aceuchal in that of Santi-
ago ; Knight and Great Cross of the religious order of St. John ; Counsellor
of State; First Secretary of State and Despacho; Secretary to the Queen;
Superintendant General of the Posts and High Ways ; Protector of the Royal
*TS 2,21, post, p. 528.
2 TS 422, post, p. 628.
* For a detailed study of this treaty, see 2 Miller 318.
516
FRIENDSHIP, LIMITS, NAVIGATION—OCTOBER 27, 1795 517
Academy of the Noble Arts, and of the Royal Societies of natural history,
Botany, Chemistry, and Astronomy: Gentleman of the King's Chamber in
employement : Captain General of his Armies : Inspector and Major of the
Royal Corps of Body Guards &a &a &a and the President of the United States,
with the advice and consent of their Senate, has appointed Thomas Pinckney
a Citizen of the United States, and their Envoy Extraordinary to his Catholic
Majesty. And the said Plenipotentiaries have agreed upon and concluded
the following Articles.
Art. I
There shall be a firm and inviolable Peace and sincere Friendship between
His Catholic Majesty his successors and subjects, and the United States and
their Citizens without exception of persons or places.
Art. II4
To prevent all disputes on the subject of the boundaries which separate the
territories of the two High contracting Parties, it is hereby declared and
agreed as follows : to wit : The Southern boundary of the United States which
divides their territory from the Spanish Colonies of East and West Florida,
shall be designated by a line beginning on the River Mississippi at the North-
ermost part of the thirty first degree of latitude North of the Equator, which
from thence shall be drawn due East to the middle of the River Apalachicola
or Catahouche, thence along the middle thereof to its junction with the Flint,
thence straight to the head of St. Mary's River, and thence down the middle
there of to the Atlantic Ocean. And it is agreed that if there should be any
troops, Garrisons or settlements of either Party in the territory of the other
according to the above mentioned boundaries, they shall be withdrawn from
the said territory within the term of six months after the ratification of this
treaty or sooner if it be possible and that they shall be permitted to take with
them all the goods and effects which they possess.
Art. Ill4
In order to carry the preceding Article into effect one Commissioner and
one Surveyor shall be appointed by each of the contracting Parties who shall
meet at the Natchez on the left side of the River Mississippi before the ex-
piration of six months from the ratification of this convention, and they shall
proceed to run and mark this boundary according to the stipulations of the
said Article. They shall make Plats and keep journals of their proceedings
which shall be considered as part of this convention, and shall have the same
force as if they were inserted therein. And if on any account it should be
found necessary that the said Commissioners and Surveyors should be accom-
panied by Guards, they shall be furnished in equal proportions by the Com-
4 Invalidated by treaty of Feb. 22, 1819 (TS 327, post, p. 533) .
518 SPAIN
manding Officer of his Majesty's troops in the two Floridas, and the
Commanding Officer of the troops of the United States in their Southwestern
territory, who shall act by common consent and amicably, as well with respect
to this point as to the furnishing of provissions and instruments and making
every other arrangement which may be necessary or useful for the execution
of this article.
Art. IV5
It is likewise agreed that the Western boundary of the United States which
separates them from the Spanish Colony of Louisiana, is in the middle of the
channel or bed of the River Mississippi from the Northern boundary of the
said States to the completion of the thirty first degree of latitude North of the
Equator; and his Catholic Majesty has likewise agreed that the navigation
of the said River in its whole breadth from its source to the Ocean shall be
free only to his Subjects, and the Citizens of the United States, unless he
should extend this privilege to the Subjects of other Powers by special
convention.
Art. V
The two High contracting Parties shall by all the means in their power
maintain peace and harmony among the several Indian Nations who in-
habit the country adjacent to the lines and Rivers which by the preceding
Articles form the boundaries of the two Floridas; and the better to obtain
this effect both Parties oblige themselves expressly to restrain by force all
hostilities on the part of the Indian Nations living within their boundaries : so
that Spain will not suffer her Indians to attack the Citizens of the United
States, nor the Indians inhabiting their territory; nor will the United States
permit these last mentioned Indians to commence hostilities against the Sub-
jects of his Catholic Majesty, or his Indians in any manner whatever.
And whereas several treaties of Friendship exist between the two contract-
ing Parties and the said Nations of Indians, it is hereby agreed that in future
no treaty of alliance or other whatever (except treaties of Peace) shall be
made by either Party with the Indians living within the boundary of the
other; but both Parties will endeavour to make the advantages of the Indian
trade common and mutualy beneficial to their respective Subjects and Citi-
zens observing in all things the most complete reciprocity : so that both Par-
ties may obtain the advantages arising from a good understanding with the
said Nations, without being subject to the expence which they have hitherto
occasioned.
Art. VI
Each Party shall endeavour by all means in their power to protect and
defend all Vessels and other effects belonging to the Citizens or Subjects of
the other, which shall be within the extent of their jurisdiction by sea or by
land, and shall use all their efforts to recover and cause to be restored to the
Invalidated by treaty of Feb. 22, 1819 (TS 327, post, p. 533) .
FRIENDSHIP, LIMITS, NAVIGATION— OCTOBER 27, 1795 519
right owners their Vessels and effects which may have been taken from them
within the extent of their said jurisdiction whether they are at war or not with
the Power whose Subjects have taken possession of the said effects.
Art. VII
And it is agreed that the Subjects or Citizens of each of the contracting
Parties, their Vessels, or effects shall not be liable to any embargo or deten-
tion on the part of the other for any military expedition or other public or
private purpose whatever; and in all cases of seizure, detention, or arrest for
debts contracted or offences committed by any Citizen or Subject of the one
Party within the jurisdiction of the other, the same shall be made and
prosecuted by order and authority of law only, and according to the regular
course of proceedings usual in such cases. The Citizens and Subjects of both
Parties shall be allowed to employ such Advocates, Sollicitors, Notaries,
Agents, and Factors, as they may judge proper in all their affairs and in all
their trials at law in which they may be concerned before the tribunals of the
other Party, and such Agents shall have free access to be present at the pro-
ceedings in such causes, and at the taking of all examinations and evidence
which may be exhibited in the said trials.
Art. VIII
In case the Subjects and inhabitants of either Party with their shipping
whether public and of war or private and of merchants be forced through
stress of weather, pursuit of Pirates, or Enemies, or any other urgent necessity
for seeking of shelter and harbor to retreat and enter into any of the Rivers,
Bays, Roads, or Ports belonging to the other Party, they shall be received
and treated with all humanity, and enjoy all favor, protection and help, and
they shall be permitted to refresh and provide themselves at reasonable rates
with victuals and all things needful for the sustenance of their persons or
reparation of their Ships, and prosecution of their voyage; and they shall
no ways be hindered from returning out of the said Ports, or Roads, but may
remove and depart when and whither they please without any let or
hindrance.
Art. IX
All Ships and merchandize of what nature soever which shall be rescued
out of the hands of any Pirates or Robbers on the high seas shall be brought
into some Port of either State and shall be delivered to the custody of the
Officers of that Port in order to be taken care of and restored entire to the
true proprietor as soon as due and sufficient proof shall be made concerning
the property there of.
Art. X
When any Vessel of either Party shall be wrecked, foundered, or other-
wise damaged on the coasts or within the dominion of the other, their respec-
520 SPAIN
tive Subjects or Citizens shall receive as well for themselves as for their Vessels
and effects the same assistence which would be due to the inhabitants of the
Country where the damage happens, and shall pay the same charges and
dues only as the said inhabitants would be subject to pay in a like case:
and if the operations of repair should require that the whole or any part
of the cargo be unladen they shall pay no duties, charges, or fees on the part
which they shall relade and carry away.
Art. XI
The Citizens and Subjects of each Party shall have power to dispose
of their personal goods within the jurisdiction of the other by testament,
donation, or otherwise; and their representatives being Subjects or Citizens
of the other Party shall succeed to their said personal goods, whether by
testament or ab intestato and they may take possession thereof either by
themselves or others acting for them, and dispose of the same at their will
paying such dues only as the inhabitants of the Country wherein the said
goods are shall be subject to pay in like cases, and in case of the absence of
the representatives, such care shall be taken of the said goods as would be
taken of the goods of a native in like case, until the lawful owner may take
measures for receiving them. And if question shall arise among several claim-
ants to which of them the said goods belong the same shall be decided finally
by the laws and Judges of the Land wherein the said goods are. And where
on the death of any person holding real estate within the territories of the
one Party, such real estate would by the laws of the Land descend on a
Citizen or Subject of the other were he not disqualified by being an alien,
such subject shall be allowed a reasonable time to sell the same and to with-
draw the proceeds without molestation, and exempt from all rights of detrac-
tion on the part of the Government of the respective states.
Art. XII
The merchant Ships of either of the Parties which shall be making into
a Port belonging to the enemy of the other Party and concerning whose
voyage and the species of goods on board her there shall be just grounds of
suspicion shall be obliged to exhibit as well upon the high seas as in the
Ports and havens not only her passports but likewise certificates expressly
showing that her goods are not of the number of those which have been
prohibited as contraband.
Art. XIII
For the better promoting of commerce on both sides, it is agreed that if
a war shall break out between the said two Nations one year after the proc-
lamation of war shall be allowed to the merchants in the Cities and Towns
FRIENDSHIP, LIMITS, NAVIGATION—OCTOBER 27, 1795 521
where they shall live for collecting and transporting their goods and mer-
chandizes, and if any thing be taken from them, or any injury be done
them within that term by either Party, or the People or Subjects of either,
full satisfaction shall be made for the same by the Government.
Art. XIV
No subject of his Catholic Majesty shall apply for or take any commission
or letters of marque for arming any Ship or Ships to act as Privateers against
the said United States or against the Citizens, People, or inhabitants of
the said United States, or against the property of any of the inhabitants
of any of them, from any Prince or State with which the said United States
shall be at war.
Nor shall any Citizen, Subject, or Inhabitant of the said United States
apply for or take any commission or letters of marque for arming any Ship
or Ships to act as Privateers against the subjects of his Catholic Majesty or
the property of any of them from any Prince or State with which the said
King shall be at war. And if any person of either Nation shall take such
commissions or letters of marque he shall be punished as a Pirate.
Art. XV6
It shall be lawful for all and singular the Subjects of his Catholic Majesty,
and the Citizens People, and inhabitants of the said United States to sail
with their Ships with all manner of liberty and security, no distinction being
made who are the proprietors of the merchandizes laden thereon from any
Port to the Places of those who now are or hereafter shall be at enmity with
his Catholic Majesty or the United States. It shall be likewise lawful for the
Subjects and inhabitants aforesaid to sail with the Ships and merchandizes
aforementioned, and to trade with the same liberty and security from the
Places, Ports, and Havens of those who are Enemies of both or either Party
without any opposition or disturbance whatsoever, not only directly from
the Places of the Enemy aforementioned to neutral Places but also from one
Place belonging to an Enemy to another Place belonging to an Enemy,
whether they be under the jurisdiction of the same Prince or under several,
and it is hereby stipulated that Free Ships shall also give freedom to goods, and
that every thing shall be deemed free and exempt which shall be found on
board the Ships belonging to the Subjects of either of the contracting Parties
although the whole lading or any part thereof should appertain to the Ene-
mies of either; contraband goods being always excepted. It is also agreed
that the same liberty be extended to persons who are on board a free Ship,
so that, although they be Enemies to either Party they shall not be made
'For an understanding regarding art. XV, see treaty of Feb. 22, 1819 (TS 327),
post, p. 533.
522 SPAIN
Prisoners or taken out of that free Ship unless they are Soldiers and in
actual service of the Enemies.
Art. XVI
This liberty of navigation and commerce shall extend to all kinds of
merchandizes excepting those only which are distinguished by the name of
contraband; and under this name of contraband or prohibited goods shall
be comprehended arms, great guns, bombs, with the fusees, and other things
belonging to them, cannon ball, gun powder, match, pikes, swords, lances,
speards, halberds, mortars, petards, granades, salpetre, muskets, musket ball,
bucklers, helmets, breast plates, coats of mail, and the like kind of arms proper
for arming soldiers, musket rests, belts, horses with their furniture and all
other warlike instruments whatever. These merchandizes which follow shall
not be reckoned among contraband or prohibited goods; that is to say, all
sorts of cloths and all other manufactures woven of any wool, flax, silk, cotton,
or any other materials whatever, all kinds of wearing aparel together with all
species whereof they are used to be made, gold and silver as well coined
as uncoined, tin, iron, latton, copper, brass, coals, as also wheat, barley, oats,
and any other kind of corn and pulse: tobacco and likewise all manner of
spices, salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines,
sugars, and all sorts of salts, and in general all provisions which serve for the
sustenance of life. Furthermore all kinds of cotton, hemp, flax, tar, pitch,
ropes, cables, sails, sail cloths, anchors, and any parts of anchors, also ships
masts, planks, wood of all kind, and all other things proper either for building
or repairing ships, and all other goods whatever which have not been
worked into the form of any instrument prepared for war by land or by sea,
shall not be reputed contraband, much less such as have been already
wrought and made up for any other use : all which shall be wholly reckoned
among free goods, as likewise all other merchandizes and things which are
not comprehended and particularly mentioned in the foregoing enumeration
of contraband goods: so that they may be transported and carried in the
freest manner by the subjects of both parties, even to Places belonging to an
Enemy, such towns or Places being only excepted as are at that time besieged,
blocked up, or invested. And except the cases in which any Ship of war or
Squadron shall in consequence of storms or other accidents at sea be under
the necessity of taking the cargo of any trading Vessel or Vessels, in which
case they may stop the said Vessel or Vessels and furnish themselves with
necessaries, giving a receipt in order that the Power to whom the said ship
of war belongs may pay for the articles so taken according to the price
thereof at the Port to which they may appear to have been destined by the
Ship's papers: and the two contracting Parties engage that the Vessels
shall not be detained longer than may be absolutely necessary for their said
Ships to supply themselves with necessaries : that they will immediately pay
FRIENDSHIP, LIMITS, NAVIGATION— OCTOBER 27, 1795 523
the value of the receipts: and indemnify the proprietor for all losses which
he may have sustained in consequence of such transaction.
Art. XVII
To the end that all manner of dissentions and quarrels may be avoided
and prevented on one side and the other, it is agreed that in case either of the
Parties hereto should be engaged in a war, the ships and Vessels belonging
to the Subjects or People of the other Party must be furnished with sea
letters or passports expressing the name, property, and bulk of the Ship, as
also the name and place of habitation of the master or commander of the
said Ship, that it may appear thereby that the Ship really and truly belongs
to the Subjects of one of the Parties; which passport shall be made out and
granted according to the form 7 annexed to this Treaty. They shall like-
wise be recalled every year, that is, if the ship happens to return home within
the space of a year. It is likewise agreed that such ships being laden, are
to be provided not only with passports as above mentioned but also with
certificates containing the several particulars of the cargo, the place whence
the ship sailed, that so it may be known whether any forbidden or contra-
band goods be on board the same; which certificates shall be made out by
the Officers of the place whence the ship sailed in the accustomed form;
and if any one shall think it fit or adviseable to express in the said certificates
the person to whom the goods on board belong he may freely do so : without
which requisites they may be sent to one of the Ports of the other contracting
Party and adjudged by the competent tribunal according to what is above
set forth, that all the circumstances of this omission having been well
examined, they shall be adjudged to be legal prizes, unless they shall give legal
satisfaction of their property by testimony entirely equivalent.
Art. XVIII
If the Ships of the said subjects, People or inhabitants of either of the
Parties shall be met with either sailing along the Coasts on the high Seas by
any Ship of war of the other or by any Privateer, the said Ship of war or
Privateer for the avoiding of any disorder shall remain out of cannon shot,
and may send their boats aboard the merchant Ship which they shall so
meet with, and may enter her to number of two or three men only to whom
the master or Commander of such ship or vessel shall exhibit his passports
concerning the property of the ship made out according to the form inserted
in this present Treaty : and the ship when she shall have shewed such pass-
ports shall be free and at liberty to pursue her voyage, so as it shall not be
lawful to molest or give her chace in any manner or firce her to quit her
intended course.
1 No form of passport is annexed to the treaty.
524 SPAIN
Art. XIX
Consuls shall be reciprocally established with the privileges and powers
which those of the most favoured Nations enjoy in the Ports where their
consuls reside, or are permitted to be.
Art. XX
It is also agreed that the inhabitants of the territories of each Party shall
respectively have free access to the Courts of Justice of the other, and they
shall be permitted to prosecute suits for the recovery of their properties, the
payment of their debts, and for obtaining satisfaction for the damages which
they may have sustained, whether the persons whom they may sue be subjects
or Citizens of the Country in which they may be found, or any other persons
whatsoever who may have taken refuge therein; and the proceedings and
sentences of the said Court shall be the same as if the contending parties had
been subjects or Citizens of the said Country.
Art. XXI8
In order to terminate all differences on account of the losses sustained by
the Citizens of the United States in consequence of their vessels and cargoes
having been taken by the Subjects of his Catholic Majesty during the late
war between Spain and France, it is agreed that all such cases shall be referred
to the final decision of Commissioners to be appointed in the following man-
ner. His Catholic Majesty shall name one Commissioner, and the President
of the United States by and with the advice and consent of their Senate shall
appoint another, and the said two Commissioners shall agree on the choice
of a third, or if they cannot agree so they shall each propose one person, and
of the two names so proposed one shall be drawn by lot in the presence of the
two original Commissioners, and the person whose name shall be so drawn
shall be the third Commissioner, and the three Commissioners so appointed
shall be sworn impartially to examine and decide the claims in question ac-
cording to the merits of the several cases, and to justice, equity, and the laws
of Nations. The said Commissioners shall meet and sit at Philadelphia and in
the case of the death, sickness, or necessary absence of any such commissioner
his place shall be supplied in the same manner as he was first appointed, and
the new Commissioner shall take the same oaths, and do the same duties. They
shall receive all complaints and applications, authorized by this article during
eighteen months from the day on which they shall assemble. They shall have
power to examine all such persons as come before them on oath or affirmation
touching the complaints in question, and also to receive in evidence all written
testimony authenticated in such manner as they shall think proper to require
or admit. The award of the said Commissioners or any two of them shall be
1 Art. XXI invalidated by treaty of Feb. 22, 1819 (TS 327, post, p. 533).
FRIENDSHIP, LIMITS, NAVIGATION— OCTOBER 27, 1795 525
final and conclusive both as to the justice of the claim and the amount of
the sum to be paid to the claimants; and his Catholic Majesty undertakes to
cause the same to be paid in specie without deduction, at such times and
Places and under such conditions as shall be awarded by the said
Commissioners.
Art. XXII
The two high contracting Parties hoping that the good correspondence
and friendship which happily reigns between them will be further increased
by this Treaty, and that it will contribute to augment their prosperity and
opulence, will in future give to their mutual commerce all the extension and
favor which the advantage of both Countries may require; and in conse-
quence of the stipulations contained in the IV. article his Catholic Majesty
will permit the Citizens of the United States for the space of three years from
this time to deposit their merchandize and effects in the Port of New Orleans,
and to export them from thence without paying any other duty than a fair
price for the hire of the stores, and his Majesty promises either to continue
this permission if he finds during that time that it is not prejudicial to the
interests of Spain, or if he should not agree to continue it there, he will assign
to them on another part of the banks of the Mississippi an equivalent
establishment.9
Art. XXIII
The present Treaty shall not be in force until ratified by the Contracting
Parties, and the ratifications shall be exchanged in six months from this time,
or sooner if possible.
In Witness whereof We the underwritten Plenipotentiaries of His Catholic
Majesty and of the United States of America have signed this present Treaty
of Friendship, Limits and Navigation and have thereunto affixed our seals
respectively.
Done at San Lorenzo el Real this seven and twenty day of October one
thousand seven hundred and ninety five.
Thomas Pinckney [seal]
El Principe de la Paz [seal]
"Second clause of art. XXII invalidated by treaty of Feb. 22, 1819 (TS 327 bost d
533).
SETTLEMENT OF CLAIMS
Convention signed at Madrid August 11, 1802
Senate advice and consent to ratification January 9, 1804
Ratified by the President of the United States January 9, 1804
Ratified by Spain July 9, 1818
Ratifications exchanged at Washington December 21, 1818
Entered into force December 21, 1818
Proclaimed by the President of the United States December 22, 1818
Annulled February 22, 1821, by treaty of February 22, 1819 l
8 Stat. 198; Treaty Series 326 2
A Convention between His Catholic Majesty and the United
States of America for the Indemnification of those who Have
Sustain'd Losses, Damages or Injuries in Consequences of the
Excesses of Individuals of Either Nation During the Late War,
Contrary to the Existing Treaty or the Laws of Nations
His Catholic Majesty & the Government of the United States of America,
wishing amicably to adjust the Claims which have arisen from the excesses
committed during the late war, by Individuals of either Nation, contrary
to the Laws of Nations or the Treaty 3 existing between the two Countries;
His Catholic Majesty has given for this purpose full powers to His Excellency
Dn Pedro Cevallos, Counsellor of State, Gentleman of the Bed Chamber in
employment, first Secretary of State & Universal Dispatch, & Superintendent
General of the Posts & Postoffices in Spain & the Indies; and the Govern-
ment of the United States of America, to Charles Pinckney, a Citizen of the
said States, and their Minister Plenipotentiary near His Catholic Majesty,
who have agreed as follows.
1st A Board of Commissioners shall be formed, composed of five Com-
missioners, two of whom shall be appointed by His Catholic Majesty, two
others by the Government of the United States, & the fifth by common con-
sent— and in case they should not be able to agree on a person for the fifth
Commissioner, each party shall name one & leave the decision to lot — and
1 TS 327, post, p. 528.
a For a detailed study of this convention, see 2 Miller 492.
3 TS 325, ante, p. 516.
526
CLAIMS— AUGUST 11, 1802 527
hereafter, in case of the death, sickness or necessary absence of any of those
already appointed, they shall proceed in the same manner, to the appoint-
ment of persons to replace them.
2d The appointment of the Commissioners being thus made, each one of
them shall take an oath to examine, discuss & decide on the Claims, which
they are to judge, according to the Laws of Nations & the existing Treaty,
& with the impartiality justice may dictate.
3rd The Commissioners shall meet & hold their sessions in Madrid, where,
within the term of eighteen months ( to be reckoned from the day on which
they may assemble) they shall receive all Claims which in consequence of
this Convention may be made, as well by the Subjects of His Catholic
Majesty as by Citizens of the United States of America — who may have a
right to demand compensation for the losses, damages or injuries sustained
by them, in consequence of the excesses committed by Spanish subjects or
American Citizens.
4th The Commissioners are authorized by the said contracting parties,
to hear & examine on oath, every question relative to the said demands, &
to receive as worthy of Credit all testimony, the authenticity of which can-
not reasonably be doubted.
5 th From the decisions of the Commissioners, there shall be no appeal,
& the agreement of three of them shall give full force & effect to their deci-
sions, as well with respect to the Justice of the Claims as to the amount of
the indemnification which may be adjudged to the Claimants — the said
contracting parties obliging themselves to satisfy the said awards in Specie
without deduction, at the times & places pointed out, & under the conditions
which may be expressed by the Board of Commissioners.
6th It not having been possible for the said Plenipotentiaries to agree
upon a mode by which the above-mentioned Board of Commissioners should
arbitrate the Claims originating from the excesses of foreign Cruizers, Agents,
Consuls, or Tribunals in their respective Territories, which might be imput-
able to their two governments, they have expressly agreed that each Govern-
ment shall reserve, (as it does by this Convention) to itself, its Subjects or
Citizens respectively, all the rights which they now have & under which they
may hereafter bring forward their Claims at such times as may be most
convenient to them.
7 th The present Convention shall have no force or effect, until it be
ratified by the contracting parties, & the ratifications shall be exchang'd as
soon as possible. In faith whereof, We the Underwritten Plenipotentiaries
have signed this Convention & have affixed thereto our Respective Seals.
Done at Madrid this 11 day of August 1802.
Pedro Cevallos [seal]
Charles Pinckney [seal]
308-582—73 — 35
AMITY, SETTLEMENT, AND LIMITS
Treaty signed at Washington February 22, 1819; Spanish instrument of
ratification
Ratified by Spain October 24, 1820 l
Senate advice and consent to ratification February 19, 1821 2
Ratified by the President of the United States February 22, 1821
Ratifications exchanged at Washington February 22, 1821
Entered into force February 22, 1821
Proclaimed by the President of the United States February 22, 1821
Terminated April 14, 1903, by treaty of July 3, 1902 s
8 Stat. 252; Treaty Series 327 4
Treaty of Amity, Settlement and Limits between the United States
of America, and His Catholic Majesty
The United States of America and His Catholic Majesty desiring to con-
solidate on a permanent basis the friendship and good correspondence which
happily prevails between the two Parties, have determined to settle and ter-
minate all their differences and pretensions by a Treaty, which shall desig-
nate with precision the limits of their respective bordering territories in North
America.
With this intention the President of the United States has furnished with
their full Powers John Quincy Adams, Secretary of State of the said United
States; and His Catholic Majesty has appointed the Most Excellent Lord
Don Luis de Onis, Gonsalez, Lopez y Vara, Lord of the Town of Rayaces,
Perpetual Regidor of the Corporation of the City of Salamanca, Knight Grand
Cross of the Royal American Order of Isabella, the Catholic, decorated with
the Lys of La Vendee, Knight Pensioner of the Royal and distinguished Span-
ish Order of Charles the Third, Member of the Supreme Assembly of the said
1 The Spanish instrument of ratification (for text, see p. 535) is considered a part of
the agreement, since it explains the treaty, particularly the provisions of art. 8.
2 The Senate resolution of advice and consent reads as follows :
"Resolved, two thirds of the Senators present concurring therein, that the Senate hav-
ing examined the treaty of Amity, Settlement and Limits between the United States of
America and his Catholic Majesty made and concluded on the twenty second day of
February 1819, and seen and considered the Ratification thereof, made by his said Catholic
Majesty on the 24th day of October 1820, do consent to, and advise the President of
the United States to ratify the same."
*TS 422, post, p. 628.
4 For a detailed study of this treaty, see 3 Miller 3.
528
AMITY, SETTLEMENT, LIMITS— FEBRUARY 22, 1819 529
Royal Order; of the Council of His Catholic Majesty; his Secretary with
Exercise of Decrees, and his Envoy Extraordinary and Minister Plenipoten-
tiary near the United States of America.
And the said Plenipotentiaries, after having exchanged their Powers, have
agreed upon and concluded the following Articles.
Article 1
There shall be a firm and inviolable peace and sincere friendship between
the United States and their Citizens, and His Catholic Majesty, his Successors
and Subjects, without exception of persons or places.
Article 2
His Catholic Majesty cedes to the United States, in full property and sov-
ereignty, all the territories which belong to him, situated to the Eastward
of the Mississippi, known by the name of East and West Florida. The adjacent
Islands dependent on said Provinces, all public lots and squares, vacant
Lands, public Edifices, Fortifications, Barracks and other Buildings, which
are not private property, Archives and Documents, which relate directly to
the property and sovereignty of said Provinces, are included in this Article.
The said Archives and Documents shall be left in possession of the Commis-
saries, or Officers of the United States, duly authorized to receive them.
Article 3
The Boundary Line between the two Countries, West of the Mississippi,
shall begin on the Gulph of Mexico, at the mouth of the River Sabine in the
Sea, continuing North, along the Western Bank of that River, to the 32d
degree of Latitude; thence by a Line due North to the degree of Latitude,
where it strikes the Rio Roxo of Nachitoches, or Red-River, then following
the course of the Rio-Roxo Westward to the degree of Longitude, 100 West
from London and 23 from Washington, then crossing the said Red-River, and
running thence by a Line due North to the River Arkansas, thence, follow-
ing the Course of the Southern bank of the Arkansas to its source in Latitude,
42. North and thence by that parallel of Latitude to the South-Sea. The
whole being as laid down in Melishe's Map of the United States, published
at Philadelphia, improved to the first of January 1818. But if the Source
of the Arkansas River shall be found to fall North or South of Latitude 42,
then the Line shall run from the said Source due South or North, as the
case may be, till it meets the said Parallel of Latitude 42, and thence along the
said Parallel to the South Sea: all the Islands in the Sabine and the Said Red
and Arkansas Rivers, throughout the Course thus described, to belong to
the United States ; but the use of the Waters and the navigation of the Sabine
to the Sea, and of the said Rivers, Roxo and Arkansas, throughout the extent
of the said Boundary, on their respective Banks, shall be common to the
530 SPAIN
respective inhabitants of both Nations. The Two High Contracting Parties
agree to cede and renounce all their rights, claims and pretensions to the Ter-
ritories described by the said Line : that is to say. — The United States hereby
cede to His Catholic Majesty, and renounce forever, all their rights, claims,
and pretensions to the Territories lying West and South of the above de-
scribed Line; and, in like manner, His Catholic Majesty cedes to the said
United States, all his rights, claims, and pretentions to any Territories, East
and North of the said Line, and, for himself, his heirs and successors, re-
nounces all claim to the said Territories forever.
Article 4
To fix this Line with more precision, and to place the Landmarks which
shall designate exactly the limits of both Nations, each of the Contracting
Parties shall appoint a Commissioner, and a Surveyor, who shall meet be-
fore the termination of one year from the date of the Ratification of this
Treaty, at Nachitoches on the Red River, and proceed to run and mark
the said Line from the mouth of the Sabine to the Red River, and from the
Red River to the River Arkansas, and to ascertain the Latitude of the Source
of the said River Arkansas, in conformity to what is above agreed upon and
stipulated, and the Line of Latitude 42. to the South Sea: they shall make
out plans and keep Journals of their proceedings, and the result agreed upon
by them shall be considered as part of this Treaty, and shall have the same
force as if it were inserted therein. The two Governments will amicably agree
respecting the necessary Articles to be furnished to those persons, and also
as to their respective escorts, should such be deemed necessary.
Article 5
The Inhabitants of the ceded Territories shall be secured in the free exer-
cise of their Religion, without any restriction, and all those who may desire to
remove to the Spanish Dominions shall be permitted to sell, or export their
Effects at any time whatever, without being subject, in either case, to duties.
Article 6
The Inhabitants of the Territories which His Catholic Majesty cedes to
the United States by this Treaty, shall be incorporated in the Union of the
United States, as soon as may be consistent with the principles of the Federal
Constitution, and admitted to the enjoyment of all the privileges, rights and
immunities of the Citizens of the United States.
Article 7
The Officers and Troops of His Catholic Majesty in the Territories hereby
ceded by him to the United States shall be withdrawn, and possession of the
places occupied by them shall be given within six months after the exchange
AMITY, SETTLEMENT, LIMITS— FEBRUARY 22, 1819 531
of the Ratifications of this Treaty, or sooner if possible, by the Officers of His
Catholic Majesty, to the Commissioners or Officers of the United States, duly
appointed to receive them ; and the United States shall furnish the transports
and escort necessary to convey the Spanish Officers and Troops and their
baggage to the Havana.
Article 8 5
All the grants of land made before the 24th of January 1818. by His
Catholic Majesty or by his lawful authorities in the said Territories ceded by
His Majesty to the United States, shall be ratified and confirmed to the per-
sons in possession of the lands, to the same extent that the same grants would
be valid if the Territories had remained under the Dominion of His
Catholic Majesty. But the owners in possession of such lands, who by reason
of the recent circumstances of the Spanish Nation and the Revolutions in
Europe, have been prevented from fulfilling all the conditions of their grants,
shall complete them within the terms limited in the same respectively, from
the date of this Treaty ; in default of which the said grants shall be null and
void — all grants made since the said 24th of January 1818. when the first
proposal on the part of His Catholic Majesty, for the cession of the Floridas
was made, are hereby declared and agreed to be null and void.
Article 9
The two High Contracting Parties animated with the most earnest desire
of conciliation and with the object of putting an end to all the differences
which have existed between them, and of confirming the good understanding
which they wish to be forever maintained between them, reciprocally
renounce all claims for damages or injuries which they, themselves, as well as
their respective citizens and subjects may have suffered, until the time of
signing this Treaty.
The renunciation of the United States will extend to all the injuries men-
tioned in the Convention of the 1 1th of August 1802.8
2. To all claims on account of Prizes made by French Privateers, and
condemned by French consuls, within the Territory and Jurisdiction of Spain.
3. To all claims of indemnities on account of the suspension of the right
of Deposit at New Orleans in 1802.
4. To all claims of Citizens of the United States upon the Government
of Spain, arising from the unlawful seizures at Sea, and in the ports and
territories of Spain or the Spanish Colonies.
5. To all claims of Citizens of the United States upon the Spanish
Government, statements of which, soliciting the interposition of the Govern-
1 See also Spanish instrument of ratification, p. 535.
1 TS 326, ante, p. 526.
532 SPAIN
ment of the United States have been presented to the Department of State,
or to the Minister of the United States in Spain, since the date of the Con-
vention of 1802, and until the signature of this Treaty.
The renunciation of His Catholic Majesty extends,
1 . To all the injuries mentioned in the Convention of the 1 1th of August
1802.
2. To the sums which His Catholic Majesty advanced for the return of
Captain Pike from the Provincias Internas.
3. To all injuries caused by the expedition of Miranda that was fitted
out and equipped at New York.
4. To all claims of Spanish subjects upon the Government of the United
States arizing from unlawful seizures at Sea or within the ports and territorial
Jurisdiction of the United States.
Finally, to all the claims of subjects of His Catholic Majesty upon the Gov-
ernment of the United States, in which the interposition of His Catholic
Majesty's Government has been solicited before the date of this Treaty, and
since the date of the Convention of 1802, or which may have been made to
the Department of Foreign Affairs of His Majesty, or to His Minister in the
United States.
And the High Contracting Parties respectively renounce all claim to indem-
nities for any of the recent events or transactions of their respective Com-
manders and Officers, in the Floridas.
The United States will cause satisfaction to be made for the injuries, if any,
which by process of Law, shall be established to have been suffered by the
Spanish Officers, and individual Spanish inhabitants, by the late operations
of the American Army in Florida.
Article 10
The Convention entered into between the two Governments on the 1 1 . of
August 1802, the Ratifications of which were exchanged the 21st December
1818, is annulled.
Article 11
The United States, exonerating Spain from all demands in future, on
account of the claims of their Citizens, to which the renunciations herein
contained extend, and considering them entirely cancelled, undertake to
make satisfaction for the same, to an amount not exceeding Five Millions of
Dollars. To ascertain the full amount and validity of those claims, a Com-
mission, to consist of three Commissioners, Citizens of the United States,
shall be appointed by the President, by and with the advice and consent
of the Senate; which Commission shall meet at the City of Washington,
and within the space of three years, from the time of their first meeting,
AMITY, SETTLEMENT, LIMITS— FEBRUARY 22, 1819 533
shall receive, examine and decide upon the amount and validity of all the
claims included within the descriptions above mentioned.
The said Commissioners shall take an oath or affirmation, to be entered
on the record of their proceedings, for the faithful and diligent discharge of
their duties; and in case of the death, sickness, or necessary absence of any
such Commissioner, his place may be supplied by the appointment, as
aforesaid, or by the President of the United States during the recess of the
Senate, of another Commissioner in his stead. The said Commissioners shall
be authorized to hear and examine on oath every question relative to the
said claims, and to receive all suitable authentic testimony concerning the
same. And the Spanish Government shall furnish all such documents and
elucidations as may be in their possession, for the adjustment of the said
claims, according to the principles of Justice, the Laws of Nations, and the
stipulations of the Treaty between the two Parties of 27th October 1795; 7
the said Documents to be specified, when demanded at the instance of the
said Commissioners.
The payment of such claims as may be admitted and adjusted by the said
Commissioners, or the major part of them, to an amount not exceeding Five
Millions of Dollars, shall be made by the United States, either immediately at
their Treasury or by the creation of Stock bearing an interest of Six per Cent
per annum, payable from the proceeds of Sales of public lands within the
Territories hereby ceded to the United States, or in such other manner as the
Congress of the United States may prescribe by Law.
The records of the proceedings of the said Commissioners, together with
the vouchers and documents produced before them, relative to the claims to
be adjusted and decided upon by them, shall, after the close of their trans-
actions, be deposited in the Department of State of the United States; and
copies of them or any part of them, shall be furnished to the Spanish Gov-
ernment, if required, at the demand of the Spanish Minister in the United
States.
Article 12
The Treaty of Limits and Navigation of 1795. remains confirmed in all
and each one of its Articles, excepting the 2, 3, 4, 21 and the second clause
of the 22d Article, which, having been altered by this Treaty, or having
received their entire execution, are no longer valid.
With respect to the 15 th Article of the same Treaty of Friendship, Limits
and Navigation of 1795, in which it is stipulated, that the Flag shall cover
the property, the Two High Contracting Parties agree that this shall be so
understood with respect to those Powers who recognize this principle; but
' TS 325, ante, p. 516.
534 SPAIN
if either of the two Contracting Parties shall be at War with a Third Party,
and the other Neutral, the Flag of the Neutral shall cover the property of
Enemies, whose Government acknowledge this principle, and not of others.
Article 13
Both Contracting Parties, wishing to favour their mutual Commerce, by
affording in their ports every necessary Assistance to their respective Mer-
chant Vessels, have agreed, that the Sailors who shall desert from their
Vessels in the ports of the other, shall be arrested and delivered up, at the
instance of the Consul — who shall prove nevertheless, that the Deserters
belonged to the Vessels that claim them, exhibiting the document that is
customary in their Nation : that is to say, the American Consul in a Spanish
Port, shall exhibit the Document known by the name of Articles, and the
Spanish Consul in American Ports, the Roll of the Vessel; and if the name
of the Deserter or Deserters, who are claimed, shall appear in the one or
the other, they shall be arrested, held in custody and delivered to the Vessel
to which they shall belong.
Article 14
The United States hereby certify, that they have not received any com-
pensation from France for the injuries they suffered from her Privateers,
Consuls, and Tribunals, on the Coasts and in the Ports of Spain, for the
satisfaction of which provision is made by this Treaty ; and they will present
an authentic statement of the prizes made, and of their true value, that Spain
may avail herself of the same in such manner as she may deem just and
proper.
Article 15
The United States to give to His Catholic Majesty, a proof of their desire
to cement the relations of Amity subsisting between the two Nations, and to
favour the Commerce of the Subjects of His Catholic Majesty, agree that
Spanish Vessels coming laden only with productions of Spanish growth,
or manufactures directly from the Ports of Spain or of her Colonies, shall be
admitted for the term of twelve years to the Ports of Pensacola and St.
Augustine in the Floridas, without paying other or higher duties on their
cargoes or of tonnage than will be paid by the Vessels of the United States.
During the said term no other Nation shall enjoy the same privileges within
the ceded Territories. The twelve years shall commence three months after
the exchange of the Ratifications of this Treaty.
Article 16
The present Treaty shall be ratified in due form by the Contracting
Parties, and the Ratifications shall be exchanged in Six Months 8 from this
time or sooner if possible.
8 See Spanish instrument of ratification, p. 535.
AMITY, SETTLEMENT, LIMITS— FEBRUARY 22, 1819 535
In Witness whereof, We the Underwritten Plenipotentiaries of the United
States of x\merica and of His Catholic Majesty, have signed, by virtue of
Our Powers, the present Treaty of Amity, Settlement and Limits, and have
thereunto affixed our Seals respectively.
Done at Washington, this Twenty-Second day of February, One Thousand
Eis:ht Hundred and Nineteen.
*&*
John Quincy Adams [seal]
Luis de Onis [seal]
Spanish Instrument of Ratification
[translation]
Ferdinand the Seventh by the grace of God, and by the Constitution of the
Spanish Monarchy, King of the Spains.
Whereas on the twenty second day of February of the year one thousand
eight hundred and nineteen last past, a treaty was concluded and signed in
the City of Washington between Don Luis de Onis, my Envoy Extraordinary
and Minister Plenipotentiary, and John Quincy Adams Esquire, Secretary of
State of the United States of America, competently authorized by both par-
ties, consisting of sixteen articles, which had for their object the arrangement
of differences, and of limits between both Governments and their respective
territories; which are of the following form and literal tenor.
[Here follows text of treaty.]
Therefore having seen and examined the sixteen articles aforesaid, and
having first obtained the consent and authority of the General Cortes of the
Nation with respect to the Cession mentioned and stipulated in the 2d and 3d
articles, I approve and ratify all and every one of the articles referred to and
the clauses which are contained in them ; and in virtue of these presents I ap-
prove and ratify them; promising on the faith and word of a King to exe-
cute and observe them, and to cause them to be executed and observed en-
tirely as if I myself had signed them: and that the circumstance of having
exceeded the term of six months, fixed for the exchange of the ratifications
in the 16th article may afford no obstacle in any manner; it is my deliberate
will that the present ratification be as valid and firm and produce the same
effects as if it had been done within the determined period. Desirous at the
same time of avoiding any doubt or ambiguity concerning the meaning of the
8th article of the said treaty in respect to the date which is pointed out in it as
the period for the confirmation of the grants of lands in the Floridas, made by
me or by the competent authorities in my Royal name, which point of date
was fixed in the positive understanding of the three grants of land made in
favour of the Duke of Alagon, the Count of Punonrostro, and Don Pedro de
308-582—73 36
536 SPAIN
Vargas, being annulled by its tenor; I think proper to declare that the said
three grants have remained and do remain entirely annulled and invalid;
and that neither the three individuals mentioned, nor those who may have
title or interest through them, can avail themselves of the said grants at any
time or in any manner: under which explicit declaration the said 8th article
is to be understood as ratified.
In the faith of all which I have commanded to despatch these presents
signed by my hand, sealed with my secret seal, and countersigned by the
underwritten my Secretary of Despatch of State.
Given at Madrid the twenty fourth of October one thousand eight hun-
dred and twenty.
Fernando
Evaristo Perez de Castro
SETTLEMENT OF CLAIMS
Convention signed at Madrid February 17, 1834, with form of
inscription
Senate advice and consent to ratification May 13, 1834
Ratified by the President of the United States May 15, 1834
Ratified by Spain July 23, 1834
Ratifications exchanged at Madrid August 14, 1834
Entered into force August 14, 1834
Proclaimed by the President of the United States November 1, 1834
Continued in force by treaty of July 3, 1902 1
Terminated August 12, 1907 2
8 Stat. 460; Treaty Series 328 3
The Government of the United States of America and Her Majesty the
Queen Regent, Governess of Spain during the minority of her august daugh-
ter, Her Catholick Majesty Donna Ysabel the 2d, from a desire of adjusting
by a definitive arrangement the claims preferred by each party against the
other, and thus removing all grounds of disagreement, as also of strengthen-
ing the ties of friendship and good understanding which happily subsist be-
tween the two nations, have appointed for this purpose, as their respective
Plenipotentiaries, namely :
The President of the United States, Cornelius P. Van Ness, a citizen of
the said States, and their Envoy Extraordinary and Minister Plenipotentiary
near Her Catholick Majesty Donna Ysabel the 2d; and Her Majesty the
Queen Regent, in the name and behalf of Her Catholick Majesty Donna
Ysabel the 2d, His Excellency Don Jose de Heredia, Knight Grand Cross of
the Royal American Order of Ysabel the Catholick, one of Her Majesty's Su-
preme Council of Finance, ex-Envoy Extraordinary and Minister Plenipo-
tentiary, and President of the Royal Junta of Appeals of Credits against
France;
Who, after having exchanged their respective full powers, have agreed
upon the following articles:
Article I
Her Majesty the Queen Regent and Governess, in the name and in behalf
of Her Catholick Majesty Donna Ysabel the 2d, engages to pay to the United
1 TS 422, post, p. 628.
' Date on which Spain paid principal of debt as final settlement of claims.
* For a detailed study of this convention and of the claims settlement, see 3 Miller Oil.
537
538 SPAIN
States, as the balance on account of the claims aforesaid, the sum of twelve
millions of rials vellon, in one or several inscriptions, as preferred by the
Government of the United States, of perpetual rents, on the great book of the
consolidated debt of Spain, bearing an interest of five per cent, per annum.
Said inscription or inscriptions shall be issued in conformity with the model
or form annexed to this convention, and shall be delivered in Madrid to such
person or persons as may be authorized by the Government of the United
States to receive them, within four months after the exchange of the ratifica-
tions. And said inscriptions, or the proceeds thereof, shall be distributed by
the Government of the United States among the claimants entitled thereto, in
such manner as it may deem just and equitable.
Article II
The interest of the aforesaid inscription or inscriptions shall be paid in Paris
every six months, and the first half-yearly payment is to be made six months
after the exchange of the ratifications of this convention.
Article III
The high contracting parties, in virtue of the stipulation contained in
article first, reciprocally renounce, release, and cancel all claims which either
may have upon the other, of whatever class, denomination, or origin they
may be, from the twenty-second of February, one thousand eight hundred
and nineteen, until the time of signing this convention.
Article IV
On the request of the Minister Plenipotentiary of Her Catholick Majesty
at Washington, the Government of the United States will deliver to him, in
six months after the exchange of the ratifications of this convention, a note
or list of the claims of American citizens against the Government of Spain,
specifying their amounts respectively, and three years afterwards, or sooner
if possible, authentic copies of all the documents upon which they may have
been founded.
Article V
This convention shall be ratified, and the ratifications shall be exchanged,
in Madrid, in six months from this time, or sooner if possible.
In witness whereof, the respective Plenipotentiaries have signed these
articles, and affixed thereto their seals.
Done in triplicate at Madrid, this seventeenth day of February, one thou-
sand eight hundred and thirty-four.
C. P. Van Ness [seal]
Jose De Heredia [seal]
CLAIMS— FEBRUARY 17, 1834
[form of inscription]
[translation]
539
No
Coupon for
standard pesos of
bonded indebtedness,
payable ,
183. . Coupon No. 1.
Perpetual Bonded Indebtedness of Spain
payable at Paris
at the rate of 5 per cent per annum,
inscribed in the great book
of the consolidated debt
This inscription is issued in accord-
ance with a convention concluded at
Madrid on the day of ,
between H. C. M. the Queen of Spain
and the United States of America, for
payment of claims of citizens of said
States.
Inscription No
Principal
Interest
Standard pesos . . . Standard pesos . . .
or francs or francs
The bearer hereof is entitled to an
annuity of standard pesos or
francs, payable at Paris every
six months, on the and of
, by the bankers of Spain in that
city, at the rate of 5 francs 40 centimes
for each standard peso, in conformity
with the royal decree of December 15,
1825.
In accordance with said royal decree,
1 per cent of the nominal value of this
bonded indebtedness, at compound in-
terest, shall be set aside each year for
the amortization thereof, which amount
shall be employed by the aforesaid bank-
ers in its periodical amortization at the
current rate.
Madrid, of
The Secretary of the Treasury Depart-
ment
The Director of the Royal Sinking Fund
In faith whereof we, the undersigned Plenipotentiaries of Her Catholic Majesty the
Queen of Spain and of the United States of America, have signed the present form and
have affixed our seals thereto.
Done at Madrid this day of
Jose de Heredia [seal]
C. P. Van Ness [seal]
SPANISH-AMERICAN CLAIMS COMMISSION
Exchange of notes at Madrid February 11 and 12, 1871
Entered into force February 12, 1871
Supplemented by agreements of February 23, 1881, x and May 6 and
December 14, 1882 2
Terminated by protocol of June 2, 1883 *
17 Stat. 839; Treaty Series 328-1
The American Minister to the Minister of State
Legation of the United States
Madrid, February 11, 1871
Sir:
I have had the honor to receive the note of today's date addressed to
me by Your Excellency, proposing certain modifications of the plan of
arrangement submitted to you on the 7th instant for the adjustment of
the reclamations made by my government against that of Spain. I take much
pleasure in stating that the changes suggested in the memorandum enclosed
in your note have my entire concurrence, and have been duly embodied
in the following record of the bases upon which we have agreed :
Memorandum of an arbitration for the settlement of the claims of citizens
of the United States, or of their heirs, against the Government of Spain
for wrongs and injuries committed against their persons and property,
or against the persons and property of citizens of whom the said heirs
are the legal representatives, by the authorities of Spain in the Island of
Cuba or within the maritime jurisdiction thereof, since the commencement
of the present insurrection;
1 . It is agreed that all such claims shall be submitted to Arbitrators, one
to be appointed by the Secretary of State of the United States, another by
the Envoy Extraordinary and Minister Plenipotentiary of Spain at Wash-
ington, and these two to name an Umpire who shall decide all questions upon
which they shall be unable to agree ; and in case the place of either Arbitrator
XTS 331-1, post,p. 557.
* TS 332, post, p. 560.
8 TS 335, post, p. 569.
540
CLAIMS COMMISSION— FEBRUARY 11 AND 12, 1871 541
or of the Umpire shall from any cause become vacant, such vacancy shall
be filled forthwith in the manner herein provided for the original
appointment.
2. The Arbitrators and Umpire so named shall meet at Washington
within one month from the date of their appointment and shall, before
proceeding to business, make and subscribe a solemn declaration that they
will impartially hear and determine, to the best of their judgment and
according to public law, and the Treaties in force between the two coun-
tries, and these present stipulations, all such claims as shall, in conformity
with this agreement, be laid before them on the part of the Government of
the United States; and such declaration shall be entered upon the record
of their proceedings.
3. Each government may name an advocate to appear before the Arbi-
trators or the Umpire, to represent the interests of the parties respectively.
4. The Arbitrators shall have full power, subject to these stipulations,
and it shall be their duty before proceeding with the hearing and decision
of any case, to make and publish convenient rules prescribing the time and
manner of the presentation of claims and of the proof thereof; and any
disagreement with reference to the said rules of proceeding shall be decided
by the Umpire. It is understood that a reasonable period shall be allowed
for the presentation of the proofs; that all claims and the testimony in
favor of them shall be presented only through the Government of the United
States ; that the award made in each case shall be in writing and, if indem-
nity be given, the sum to be paid shall be expressed in the gold coin of the
United States.
5. The Arbitrators shall have jurisdiction of all claims presented to
them by the Government of the United States for injuries done to citizens
of the United States by the authorities of Spain in Cuba since the first day
of October, 1808. Adjudications of the tribunals in Cuba, concerning citi-
zens of the United States, made in the absence of the parties interested,
or in violation of international law, or of the guarantees and forms provided
for in the Treaty of October 27th, 1795,4 between the United States and
Spain, may be reviewed by the Arbitrators, who shall make each award
in any such case as they shall deem just. No judgment of a Spanish tribunal
disallowing the affirmation of a party that he is a citizen of the United
States shall prevent the Arbitrators from hearing a reclamation presented
in behalf of said party by the United States Government. Nevertheless,
in any case heard by the Arbitrators, the Spanish Government may traverse
the allegation of American citizenship and thereupon competent and suffi-
cient proof thereof will be required. The Commission having recognized
the quality of American citizens in the claimants, they will acquire the
'TS325, ante, p. 516.
542 SPAIN
rights accorded to them by the present stipulations as such citizens. And
it is further agreed that the Arbitrators shall not have jurisdiction of any
reclamation made in behalf of a native-born Spanish subject naturalized in
the United States if it shall appear that, the same subject matter having
been adjudicated by a competent tribunal in Cuba and the claimant, having
appeared therein, either in person or by his duly appointed attorney and
being required by the laws of Spain to make a declaration of his nationality,
failed to declare that he was a citizen of the United States; in such case and
for the purposes of this arbitration, it shall be deemed and taken that the
claimant, by his own default, had renounced his allegiance to the United
States. And it is further agreed that the Arbitrators shall not have jurisdiction
of any demands growing out of contracts.
6. The expenses of the arbitration will be defrayed by a percentage
to be added to the amount awarded. The compensation of the Arbitrators
and the Umpire shall not exceed three thousand dollars each; the same
allowance shall be made to each of the two advocates representing respec-
tively the two Governments; and the Arbitrators may employ a Secretary
at a compensation not exceeding the sum of five dollars a day for every day
actually and necessarily given to the business of the Arbitration.
7. The two Governments will accept the awards made in the several
cases submitted to the said Arbitration as final and conclusive, and will give
full effect to the same in good faith and as soon as possible.5
I avail myself of the opportunity to renew to Your Excellency the assur-
ances of my most distinguished consideration.
D. E. Sickles
His Excellency
The Minister of State.
The Minister of State to the American Minister
[translation]
Ministry of State
Madrid, 12 February 1871
Sir:
I have had the honor to receive the Note you were pleased to address to me
under date of yesterday, communicating to me the definitive record of the
Memorandum in reference to the manner of arranging the settlement of the
reclamations of citizens of the United States consequent upon the insurrec-
tion in the Island of Cuba, and as, in drawing up the document, you have
* For additional articles, see agreements of Feb. 23, 1881 (TS 331-1), post, p. 557, and
May 6, 1882 (TS 332), post.p. 560.
CLAIMS COMMISSION— FEBRUARY 11 AND 12, 1871 543
kindly incorporated the slight modifications I proposed to you, for greater
clearness and precision, in my note of yesterday in answer to yours of the 7th,
I take pleasure in informing you that I entirely concur in the contents of the
said Memorandum.
I improve this occasion to renew to you the assurances of my most distin-
guished consideration.
Cristino Martos
The Minister Plenipotentiary of the
United States of America.
CLAIMS: THE CASE OF THE "VIRGINIUS"
Agreement signed at Madrid February 27, 1875
Declaration of ratification signed at Madrid March 1 1, 1875
Orders for distribution of indemnities signed by the President of the
United States July 21, 1875, and January 7, 1876
Treaty Series 329 1
Agreement
In consideration of the reasons set forth and the declarations made recipro-
cally in various conferences to that effect had between His Excellency Mr.
Caleb Cushing Representative of the United States, and His Excellency
D. Alejandro Castro Minister of State, as also of the notes which have passed
between them, and desiring at the same time to put an end, by means of an
equitable and friendly accord to the reclamations presented by the Govern-
ment of the United States in consequence of what occurred at Santiago de
Cuba in regard to the persons of the officers, crew and passengers of the
Steamer "Virginius" it being understood that from these reclamations are to
be excluded, in so far as respects the Ship's company all individuals indemni-
fied as British subjects, and, with respect to passengers, including only six
American citizens:
They have agreed:
First. The Spanish Government engages to deliver to that of the United
States the sum of eighty thousand dollars in coin, or four hundred thousand
pesetas, for the purpose of relief of the families or persons of the Ship's com-
pany and passengers aforesaid of the "Virginius."
Second. The Government of the United States engages to accept the sum
mentioned in satisfaction of reclamations of any sort which, in the sense of
personal indemnification in this behalf might hereafter be advanced against
the Spanish Government.
Third. When the sum referred to in Article one, shall have been received,
the President of the United States will proceed to distribute the same among
the families or the parties interested in the form and manner which he may
judge most equitable, without being obliged to give account of this distribu-
tion to the Spanish Government.
1 Not previously printed.
544
CLAIMS— FEBRUARY 27, 1875 545
Fourth. The payment of the eighty thousand dollars, or four hundred thou-
sand pesetas, shall be effected by the Spanish Government at Madrid, in
specie and in three periods of two months each : thirty thousand dollars, or
one hundred and fifty thousand pesetas for each of the first two instalments,
and twenty thousand dollars, or one hundred thousand pesetas, in the last.
Fifth. The present agreement will be ratified by both the undersigned so
soon as His Excellency the Representative of the United States shall have
presented credential letters which accredit him as Minister Plenipotentiary
near His Majesty the King of Spain.
Done at Madrid this twenty seventh day of february in the year one
thousand eight hundred and seventy five.
C. Cushing
Alejandro Castro
Declaration of Ratification
His Excellency Mister Caleb Cushing, Envoy Extraordinary and Minister
Plenipotentiary of the United States of America, and His Excellency Don
Alejandro Castro Minister of State of His Catholic Majesty in fulfilment of
the stipulation contained in the fifth article of the agreement provisionally
signed by Their Excellencies aforesaid in this City on the twenty seventh of
February last past, Declare :
That His Excellency Mister Caleb Cushing having yesterday presented the
Letter of His Excellency the President which accredits him as the Envoy
Extraordinary and Minister Plenipotentiary of the said States near His
Majesty the King of Spain, they ratify, by the present document, all that is
stipulated in each one of the five articles of which the abovementioned agree-
ment is composed.
In witness whereof, both the Undersigned have signed their names and
set their seals to the present declaration.
Madrid, the eleventh of March of the year one thousand eight hundred
and twenty [seventy] five.
The Minister Plenipotentiary of the United States
of America
C. Cushing [seal]
The Minister of State of His Catholic Majesty
Alejandro Castro [seal]
Orders for Distribution
Whereas, pursuant to the Convention between the United States and Spain
for the adjustment of the question of reclamation arising from the capture of
546 SPAIN
the "Virginius," entered into upon the 27th February, 1875, and duly rati-
fied upon the 1 1th day of March, 1875, the Spanish Government engaged to
deliver to the United States the sum of $80,000, or 400.000 pesetas, for the
purpose of the relief of the families of those of the ships company and of
such of the passengers as were citizens of the United States who were ex-
ecuted, and to afford compensation to such of the ships company and to
such passengers as in like manner were citizens of the United States who were
detained and suffered loss, excluding from any participation therein all in-
dividuals indemnified as British subjects :
And whereas, it was therein further provided that when such amount
should have been received, the President of the United States would proceed
to distribute the same among the parties entitled thereto, in the form and
manner which he may judge most equitable: and whereas such amount
has been duly paid at Madrid, and the proceeds thereof are now in posses-
sion of the Government of the United States, now therefore pursuant to the
provisions of Article 3d of said Convention, I, Ulysses S. Grant, President of
the United States, do hereby direct that such amount so received, shall be
distributed among the parties entitled thereto, in the following amounts and
proportions, and pursuant to the following rules.
I. The amounts allowed are determined with a general reference to the
rates of wages of Officers & Crew. All of the Ships Company (constituting
the Crew) are to be regarded and considered as American Seamen, but in-
asmuch as the British Government has demanded and received from Spain
certain indemnity and promises of further conditional indemnity, for and
on account of certain of the crew, as being British subjects, those of the
crew or passengers who were British subjects, or who have been claimed as
such by the British Government and for whom the British Government de-
manded or received indemnity from Spain, are to be excluded from the dis-
tribution to be made of the indemnity above referred to.
II. Distribution will be made on account of those who were executed, as
follows :
For each one (being 13 in number) of the Ship's Company, rated or serv-
ing as Fireman, Mariner, Cook, Cabin Boy or otherwise than as one of the
officers or petty officers hereafter mentioned, who was executed, and exclud-
ing those referred to above, and also to each passenger who was executed
being at the time an American citizen, the sum of twenty-five hundred dol-
lars ($2,500).
For each Assistant Engineer, Second, Third, Fourth Engineer, or Third
Mate, forty per cent in addition to the above sum, that is to say, thirty-five
hundred dollars each.
For the First Mate & First Engineer, eighty per cent in addition to the said
above mentioned sum, that is to say, forty-five hundred dollars each.
CLAIMS— FEBRUARY 27, 1875 547
For the Captain, one hundred and fifty per cent in addition to the said
above mentioned sum, that is to say, six thousand two hundred and fifty
dollars.
III. The several amounts allowed as above are to be paid to the widow,
children, parents, or brothers and sisters of the deceased, as follows :
1. To the widow of the deceased.
2. If no widow, to the children of the deceased in equal shares. Where
such children shall be minors, the same shall be paid to a legally appointed
guardian.
3 . If no children, then to the father ; if no father, to the mother.
4. If no father or mother, then to the brothers and sisters in equal shares.
5. If the deceased shall have left no widow, child, parent, brother or
sister, no amount is to be paid on his account.
There shall be allowed to each of the Ship's Company and to such of the
passengers as were citizens of the United States who were detained and suf-
fered loss, to be paid on the conditions hereinafter provided, as follows:
To each of the Ship's Crew who was under the age of twenty-one years
at the time of the capture, or who was reported at the time as under that
age, and to each passenger who was an American citizen, the sum of two
hundred and fifty dollars.
To each of the Ship's Crew who was over the age of twenty-one years and
who was rated as being a Fireman, Mariner, Cook, Cabin Boy, or otherwise
than as one of the officers or petty officer hereafter mentioned, forty per cent
in addition to the above allowed sum, that is to say, three hundred and fifty
dollars each.
To any Engineer, Second or other Assistant Engineer, Mate, Purser, As-
sistant Purser or Surgeon, eighty per cent in addition to the above allowed
sum, that is to say, four hundred and fifty dollars to each.
In case any of such persons, so entitled to payment, shall have died, such
amount shall be paid to the family of the deceased as provided in Article III.
IV. The proofs as to all the necessary facts in each case, including iden-
tity, relationship and citizenship, shall be made to the satisfaction of the
Department of State, as a condition of payment and a naturalized citizen,
where proofs of citizenship is necessary shall produce his certificate of nat-
uralization and furnish satisfactory proof if required, as to residence and his
right to such certificate.
V. Payments will be made to the parties entitled thereto, through the
Department of State, or in checks to their order, and will not be made to
Attorneys.
VI. Prior to any payment being made, the party entitled thereto, shall
sign and duly acknowledge before some competent officer, a receipt and re-
lease stating that the sum so paid is received in full satisfaction of any claim
548 SPAIN
or reclamations of any sort which may exist, or which might be advanced
against the Spanish Government, by reason of the capture of the "Virginius",
or the acts of the Spanish Authorities connected therewith.
VII. Should any further order or direction be required, the same will
hereafter be made as an addition hereto.
In witness whereof, I have hereunto set my hand, at the City of Wash-
ington, this twenty-first day of July, in the year of Our Lord, one thousand
eight hundred and seventy-five, and of the Independence of the United
States of America, the One Hundredth.
U. S. Grant
Whereas pursuant to the Convention between the United States and
Spain, relating to indemnity growing out of the capture of the "Virginius",
eighty thousand dollars were paid to the United States, to be distributed
by the President among the parties entitled thereto, in the form and manner
which he might judge most equitable ; and whereas, a general order or form
of distribution was duly signed by the President upon the 21st day of July
1875, by section 8 [VII] of which it is provided that in case any further order
or direction be required, the same will be made as an addition thereto; and
whereas, a further order or direction is deemed necessary, now therefore as
an addition to section 3 of such former order, I, Ulysses S. Grant, President
of the United States, do hereby direct, that where any amount shall be pay-
able, pursuant to such general order of distribution, on account of the Exe-
cution of any passenger or member of the ships company, and the deceased
shall have left a wife, and a child or children by such wife, and also a child or
children by any other marriage, that in such case the said wife so surviving
shall receive 2/3 of said amount so to be paid for herself and her child and
children, and such other child or children shall receive one third thereof to
be divided equally among them. If however there be a wife only, or a child
or children only of such second marriage and a child or children by any other
marriage, the amount shall be divided one half to such wife, or to such child
or children, and the remainder to the child or children of such former mar-
riage— all which amounts shall be paid in the manner and on the same
conditions as is provided by said original order.
U. S. Grant
Dated January 7 , 1876
EXTRADITION
Convention signed at Madrid January 5, 1877
Ratified by Spain January 12, 1877
Senate advice and consent to ratification February 9, 1877
Ratified by the President of the United States February 14, 1877
Ratifications exchanged at Washington February 21, 1877
Entered into force February 21, 1877
Proclaimed by the President of the United States February 21, 1877
Amended and supplemented by convention of August 7 , 1882 1
Terminated April 14, 1903, by treaty of July 3, 1902 2
19 Stat. 650; Treaty Series 330
The United States of America and His Majesty the King of Spain : having
judged it expedient, with a view to the better administration of justice, and
the prevention of crime within their respective territories and jurisdictions,
that persons charged with, or convicted of the crimes hereinafter enumerated,
and being fugitives from justice, should, under certain circumstances, be
reciprocally delivered up, have resolved to conclude a Convention for that
purpose, and have appointed as their Plenipotentiaries, the President of the
United States, Caleb Cushing, the Envoy Extraordinary and Minister Pleni-
potentiary of the United States near the Government of Spain, and His
Majesty the King of Spain, His Excellency Don Fernando Calderon y
Collantes, His Minister of State, Knight Grand Cross of the Royal and
distinguished Order of Carlos Tercero, of those of Leopold of Austria and
of Belgium, of that of Our Lord Jesus Christ of Portugal, of the Savior of
Greece, of the Holy Sepulchre and of the Nishan Iftijar of Tunis, who, after
having communicated to each other their respective Full Powers, found in
good and due form, have agreed upon and concluded the following Articles :
Article I
It is agreed that the Government of the United States and the Govern-
ment of Spain shall, upon mutual requisition duly made as herein provided,
deliver up to justice all persons, who may be charged with, or who have
been convicted of, any of the crimes specified in Article II of this Conven-
tion, committed within the jurisdiction of one of the contracting parties,
1 TS 334, post, p. 565.
3 TS 422, post, p. 628.
549
550 SPAIN
while said persons were actually within such jurisdiction when the crime
was committed, and who shall seek an asylum or shall be found within the
territories of the other, provided that such surrender shall take place only
upon such evidence of criminality, as, according to the laws of the place
where the fugitive or person so charged shall be found, would justify his
apprehension and commitment for trial if the crime or offence had been
there committed.
Article II 3
Persons shall be delivered up according to the provisions of this Conven-
tion, who shall have been charged with, or convicted of, any of the following
crimes :
1. Murder, comprehending the crimes designated by the terms of par-
ricide, assassination, poisoning or infanticide.
2. The attempt to commit murder.
3. Rape.
4. Arson.
5. Piracy or mutiny on board ship when the crew or other persons on
board, or part thereof, have, by fraud or violence against the commander,
taken possession of the vessel.
6. Burglary, defined to be the act of breaking and entering into the house
of another in the night time with intent to commit a felony therein.
7. The act of breaking and entering the offices of the government and
public authorities, or the offices of banks, banking houses, saving banks,
trust companies, insurance companies, with intent to commit a felony therein.
8. Robbery, defined to be the felonious and forcible taking, from the
person of another, goods or money by violence or by putting him in fear.
9. Forgery, or the utterance of forged papers.
1 0. The forgery or falsification of official acts of the government or public
authority, including courts of justice, or the uttering or fraudulent use of
any of the same.
1 1 . The fabrication of counterfeit money, whether coin or paper,
counterfeit titles or coupons of public debt, banknotes or other instruments
of public credit; of counterfeit seals, stamps, dies and marks of State or public
administrations; and the utterance, circulation or fraudulent use of any of
the above-mentioned objects.
12. The embezzlement of public funds, committed within the jurisdic-
tion of one or the other party, by public officers or depositaries.
13. Embezzlement by any person or persons, hired or salaried, to the
detriment of their employers, when these crimes are subject to infamous
punishment.
3 For amended texts of art. II, paras. 5, 12, 13, and 14, and addition of paras. 15, 16,
17, and 18, see supplementary convention of Aug. 7, 1882 (TS 334), post, p. 565.
EXTRADITION— JANUARY 5, 1877 551
14. Kidnapping, defined to be the detention of a person or persons, in
order to exact money from them, or for any other unlawful end.
Article III
The provisions of this Convention shall not import claim of extradition
for any crime or offence of a political character, nor for acts connected with
such crimes or offences; and no person surrendered by or to either of the
contracting parties in virtue of this Convention shall be tried or punished
for any political crime or offence, nor for any act connected therewith, com-
mitted previously to the extradition.
Article IV
No person shall be subject to extradition in virtue of this Convention for
any crime or offence committed previous to the exchange of the ratifications
hereof — and no person shall be tried for any crime or offence other than
that for which he was surrendered, unless such crime be one of those
enumerated in Article II, and shall have been committed subsequent to the
exchange of the ratifications hereof.
Article V
A fugitive criminal shall not be surrendered under the provisions hereof,
when, from lapse of time or other lawful cause, according to the laws of the
place within the jurisdiction of which the crime was committed, the criminal
is exempt from prosecution or punishment for the offence for which the
surrender is asked.
Article VI
If a fugitive criminal, whose surrender may be claimed pursuant to the
stipulations hereof, be actually under prosecution, out on bail or in custody,
for a crime or offence committed in the country where he has sought asy-
lum,— or shall have been convicted thereof, — his extradition may be deferred
until such proceedings be determined and until such criminal shall have
been set at liberty in due course of law.
Article VII
If a fugitive criminal, claimed by one of the parties hereto, shall be also
claimed by one or more powers pursuant to treaty provisions, on account
of crimes committed within their jurisdiction, such criminal shall be deliv-
ered, in preference, in accordance with that demand which is the earliest
in date.
Article VIII
Neither of the contracting parties shall be bound to deliver up its own citi-
zens or subjects under the stipulations of this Convention.
552 Spain-
Article IX
The expenses of the arrest, detention, examination and transportation
of the accused shall be paid by the government which has preferred the
demand for extradition.
Article X
Everything found in the possession of the fugitive criminal at the time of
his arrest, which may be material as evidence in making proof of the crime,
shall, so far as practicable, be delivered up with his person at the time of
the surrender. Nevertheless, the rights of a third party, with regard to the
articles aforesaid, shall be duly respected.
Article XI
The stipulations of this Convention shall be applicable to all foreign or
colonial possessions of either of the two contracting parties.
Requisitions for the surrender of fugitives from justice shall be made by the
respective diplomatic agents of the contracting parties. In the event of the
absence of such agents from the country or its seat of government, or where
extradition is sought from a colonial possession of one of the contracting
parties, requisition may be made by superior Consular officers.
It shall be competent for such representatives or such superior Consular
officers to ask and obtain a mandate or preliminary warrant of arrest for
the person whose surrender is sought, whereupon the judges and magistrates
of the two governments shall respectively have power and authority, upon
complaint made under oath, to issue a warrant for the apprehension of
the person charged, in order that he or she may be brought before such judge
or magistrate, that the evidence of criminality may be heard and consid-
ered; and if on such hearing the evidence be deemed sufficient to sustain
the charge, it shall be the duty of the examining judge or magistrate to
certify the same to the proper executive authority, that a warrant may
issue for the surrender of the fugitive.
If the fugitive criminal shall have been convicted of the crime for which
his surrender is asked, a copy of the sentence of the court before which such
conviction took place, duly authenticated, shall be produced. If, however,
the fugitive is merely charged with crime, a duly authenticated copy of the
warrant of arrest in the country where the crime was committed, and of
the depositions upon which such warrant may have been issued, shall be
produced, with such other evidence or proof as may be deemed competent
in the case.4
4 For additional articles inserted by supplementary convention of Aug. 7, 1882, see
TS 334, post, p. 566.
EXTRADITION— JANUARY 5, 1877 553
Article XII
This Convention shall continue in force from the day of the exchange of
the ratifications thereof; but either party may at any time terminate the same
on giving to the other six months' notice of its intention to do so.
In testimony whereof, the respective Plenipotentiaries have signed the pres-
ent Convention in triplicate, and have hereunto affixed their seals.
Done at the city of Madrid, in triplicate, English and Spanish, this fifth
day of January in the year of our Lord one thousand eight hundred and
seventy seven.
Caleb Cushing [seal]
Fernando Calderon y Collantes [seal]
JUDICIAL PROCEDURE
Protocol signed at Madrid January 12, 1877
Entered into force January 12, 1877
Terminated April 14, 1903, by treaty of July 3, 1902 J
Treaty Series 331
Protocol of a Conference Held at Madrid, on the 12th of January,
1877, Between the Honorable Caleb Cushing, Minister Pleni-
potentiary of the United States of America, and His Excel-
lency Senor Don Fernando Calderon y Collantes, Minister of
State of His Majesty the King of Spain
The respective parties, mutually desiring to terminate amicably all con-
troversy as to the effect of existing treaties in certain matters of judicial
procedure, and for the reasons set forth and representations exchanged in
various notes and previous conferences, proceeded to make declaration on
both sides as to the understanding of the two Governments in the premises,
and respecting the true application of said treaties.
Senor Calderon y Collantes declared as follows :
1 . No citizen of the United States residing in Spain, her adjacent islands,
or her ultramarine possessions, charged with acts of sedition, treason or con-
spiracy against the institutions, the public security, the integrity of the ter-
ritory or against the Supreme Government, or any other crime whatsoever,
shall be subject to trial by any exceptional tribunal, but exclusively by the
ordinary jurisdiction, except in the case of being captured with arms in hand.
2. Those who, not coming within this last case, may be arrested or im-
prisoned, shall be deemed to have been so arrested or imprisoned by order
of the civil authority for the effects of the Law of April 17, 1821, even
though the arrest or imprisonment shall have been effected by armed force.
3. Those who may be taken with arms in hand, and who are therefore
comprehended in the exception of the first article, shall be tried by ordinary
council of war, in conformity with the second article of the hereinbefore-
mentioned law ; but even in this case the accused shall enjoy for their defense
the guarantees embodied in the aforesaid Law of April 17, 1821.
1 TS 422, post, p. 628.
554
JUDICIAL PROCEDURE— JANUARY 12, 1877 555
4. In consequence whereof, as well in the cases mentioned in the third
paragraph as in those of the second, the parties accused are allowed to name
attorneys and advocates, who shall have access to them at suitable times;
they shall be furnished in due season with copy of the accusation and a list
of witnesses for the prosecution, which latter shall be examined before the
presumed criminal, his attorney and advocate, in conformity with the pro-
visions of articles twenty to thirty-one of the said law; they shall have right
to compel the witnesses of whom they desire to avail themselves to appear
and give testimony or to do it by means of depositions; they shall present
such evidence as they may judge proper; and they shall be permitted to be
present and to make their defense, in public trial, orally or in writing, by
themselves or by means of their counsel.
5. The sentence pronounced shall be referred to the audiencia of the
judicial district, or to the Captain General, according as the trial may have
taken place before the ordinary judge or before the council of war, in con-
formity also with what is prescribed in the above-mentioned law.
Mr. Cushing declared as follows:
1. The Constitution of the United States provides that the trial of all
crimes except in cases of impeachment shall be by jury, and such trial shall
be held in the State where said crimes shall have been committed, or when
not committed within any State the trial will proceed in such place as Con-
gress may direct (Art. Ill, § 2) ; 2 that no person shall be held to answer
for a capital or otherwise infamous crime unless on presentment of a grand
jury except in cases arising in the land and naval forces or in the militia
when in actual service (Amendments to the Constitution, Art. V) ; and that
in all criminal prosecutions the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor; and to have counsel
for his defense. (Amendments to the Constitution, Art. VI.)
2. The Act of Congress of April 30, 1790, chap. 9, sec. 29,3 re-enacted
in the Revised Statutes, provides that every person accused of treason shall
have a copy of the indictment and a list of the jury, and of the witnesses to
be produced at the trial, delivered to him three days before the same, and in
all other capital cases two days before that takes place; that in all such cases
the accused shall be allowed to make his full defense by counsel learned in the
law, who shall have free access to him at all seasonable hours; that he shall
1 Stat. 18.
1 Stat. 118.
556 SPAIN
be allowed in his defense to make any proof which he can produce by lawful
witnesses, and he shall have due power to compel his witnesses to appear
in court.
3. All these provisions of the Constitution and of Acts of Congress are
of constant and permanent force, except on occasion of the temporary sus-
pension of the writ of habeas corpus.
4. The provisions herein set forth apply in terms to all persons accused
of the commission of treason or other capital crimes in the United States, and
therefore, as well by the letter of the law as in virtue of existing treaties,
the said provisions extend to and comprehend all Spaniards residing or
being in the United States.
Sefior Calderon y Collantes then declared as follows:
In view of the satisfactory adjustment of this question in a manner so
proper for the preservation of the friendly relations between the respective
Governments, and in order to afford the Government of the United States
the completest security of the sincerity and good faith of His Majesty's Gov-
ernment in the premises, command will be given by Royal Order for the
strict observance of the terms of the present Protocol in all the dominions
of Spain and specifically in the Island of Cuba.
In testimony of which we have interchangeably signed this Protocol.
Caleb Cushing
Ferndo. Calderon y Collantes
SPANISH-AMERICAN CLAIMS COMMISSION
Exchange of notes at Washington February 23, 1881, supplementing
agreement of February 11 and 12, 1871
Entered into force February 23, 1881
Terminated by protocol of June 2, 1883 1
Treaty Series 331-1
The Secretary of State to the Spanish Minister
Department of State
Washington, 23 Feb., 1881
Senor Don Felipe Mendez de Vigo
&c. &c. &c.
Sir:
I have had the honor to hold several recent conferences with you touching
the desire of your Government, formally expressed in the note of the Minister
of State, Senor Elduayen, to the Minister of the U.S. at Madrid on the 5th
of July 1880, for the adoption of an accord between the two Governments
looking to the fixation of a term for the labors of the American and Spanish
Claims Commission which was organized under the Agreement of Febru-
ary 12, 1871.2 In those conferences, the entire agreement of our views in the
matter happily renders any discussion thereof unnecessary, save only as to
the form and manner of placing such agreement of views on record, with
the same force and effect as the original Agreement of 1871.
As you are aware, the Agreement of 1871 was discussed between the U.S.
Minister at Madrid and the Spanish Minister of State for some time before a
final understanding was reached, during which time various written projects
and counter projects of an agreement were reciprocally submitted and con-
sidered, and that, at the wish of the Spanish government itself, it was de-
termined that a final accord should be effected by simple exchange of diplo-
matic notes. This was accordingly done and the date of Senor Martos' note
accepting the completed reduction of the Agreement became, therefore, the
date of the Agreement itself. It is thought unnecessary that a fresh agreement
determining the duration of the Commission should involve more of formality
JTS Z35, post, p. 569.
8 TS 328-1, ante, p. 540.
557
558 SPAIN
than the original accord whereby the Commission itself was created; and I
have, accordingly, the honor to propose, for your prompt acceptance as I
doubt not, a like conclusion of our present negotiation by means of a simple
exchange of diplomatic notes, and in the suggested form of an additional
article to the Agreement of 1871.
I believe that you and I are in accord upon the substantial points of the
following text of such additional article, as the result of our deliberations
thereon :
"VIII. All claims for injuries done to citizens of the United States by the
authorities of Spain in Cuba, since the first day of October, A.D. 1868 which
have not heretofore been presented by the Government of the U.S. to the
Commission now sitting in Washington under the Agreement of February 12,
1871, shall be so presented to the said Commission within sixty days, from
this twenty third day of February, 1871 ; unless in any case where reasons for
delay shall be established to the satisfaction of the Arbitrators, and in any
such case the period for presenting the claim may be extended by them to any
time not exceeding thirty days longer.
"The Commission shall be bound to examine and decide upon every claim
which may have been presented to it, or which shall hereafter be presented to
it in accordance with this article, within one year from the 1 2th day of May,
1881, Provided, however, that in any particular case in which delay in com-
pleting the defense shall make an extension for the claimant's proofs or final
argument or decision, beyond this period, necessary for justice, such exten-
sion may be granted by the Arbitrators, or, on their disagreement, by the
Umpire.
"The Arbitrators shall have full power, subject to these stipulations, to
make and publish convenient rules for carrying into effect this additional
Article, and any disagreement with reference to such rules shall be decided by
the Umpire."
If, therefore, you are of like opinion with me that the foregoing memoran-
dum of the text of an additional article to the Agreement of February 12,
1871, correctly represents the accord we have reached in our recent verbal
conferences, and will intimate to me, by note, your acceptance thereof, said
additional article will be regarded by this Government (as also by that of
Spain) as bearing date from the date of your note of acceptance, and as there-
upon and thenceforth having like force and effect with the original agreement
which it supplements.
Accept, Sir &c.
Wm. M. Evarts
CLAIMS COMMISSION— FEBRUARY 23, 1881 559
The Spanish Minister to the Secretary of State
Legation of Spain at Washington
Washington, February 23d, 1881
The undersigned, Envoy Extraordinary and Minister Plenipotentiary of
His Catholic Majesty, has the honor to acknowledge the receipt of the note
which the Honorable Secretary of State has this day been pleased to address
to him, stating, with perfect correctness, the result of the conferences held
with the view of reaching an understanding with regard to the desire of the
Government of His Majesty the King, which was expressed in the note of the
Minister of State to the Representative of the United States at Madrid (said
note being dated July 5th, 1880) to fix a term for the labors of the Spanish
American Commission of Arbitration which was appointed in pursuance of
the convention of February 1 2th, 1871.
The undersigned shares the views entertained by the Honorable Secretary
in respect to the form in which it will be proper to express the understanding
adopted in said conferences, and he hereby signifies his entire assent to the
terms in which the Honorable Secretary of State is pleased to express it in the
following additional article to the convention of 1871, which will be con-
sidered by the Government of Spain and that of the United States, from
this date, as having the same force and effect as the aforesaid convention :
[For text of additional article, see U.S. note, above.]
The undersigned avails himself of this occasion to reiterate to the Honor-
able William M. Evarts the assurances of his highest consideration.
Felipe Mendez de Vigo
To the Honorable
William M. Evarts
Secretary of State of the United States
etc, etc, etc.
308 r.s-J 7:; :;7
SPANISH-AMERICAN CLAIMS COMMISSION
Protocol signed at Washington May 6, 1882, and statement signed at
Washington December 14, 1882, supplementing agreement of
February 11 and 12, 1871, as supplemented
Entered into force May 6, 1882
Terminated by protocol of June 2, 1883 l
23 Stat. 717; Treaty Series 332
Protocol of a Conference between the Honorable Frederick T.
Frelinghuysen, Secretary of State of the United States, and
His Excellency Francisco Barca, Envoy Extraordinary and Min-
ister Plenipotentiary of His Majesty the King of Spain, Held
at the Department of State in Washington on the Sdcth Day of
May, Eighteen Hundred and Eighty-Two
Mr. Frelinghuysen handed to Mr. Barca the following paper, entitled
"Article IX.," and said that it embodied the results of several preliminary
conferences between himself and Mr. Barca relating to the prolongation of
the Spanish-American Claims Commission 2 until the first day of January
next:
Article IX
It being impossible for the Commission, in consequence of the death of
the Arbitrator and of the Advocate on the part of the United States, to
examine and decide within one year from the 12th of May, 1881, each and
every claim which has been presented, it is agreed that the term aforesaid be
extended to the 1st of January, 1883, for the sole purpose of permitting the
Commission to examine and decide the claims actually pending.
And it is further agreed to this end :
1st. That no evidence in any case shall be received after the 15 th day
of June next.
2nd. That no printed or written brief or argument before the Arbitrators
shall be filed on behalf of any claimant after the 15th day of July, 1882.
1 TS 335, post, p. 569.
'Agreement of Feb. 11 and 12, 1871 (TS 328-1, ante, p. 540), as supplemented by
agreement of Feb. 23, 1881 (TS 331-1, ante, p. 557).
560
CLAIMS COMMISSION— MAY 6 AND DECEMBER 14, 1882 561
3rd. That no printed or written brief or argument shall be filed in reply
on behalf of Spain after the 15th day of September, 1882.
4th. That no oral arguments shall be heard by the Arbitrators after the
1st day of November, 1882.
5th. That no arguments either written or oral shall be made before the
Umpire except on his written request addressed to the Commission, specify-
ing the time within which he will hear or receive said arguments.
6th. That the Arbitrators may establish in accordance with the preceding
stipulations convenient rules for the better and more rapid despatch of the
business of the Commission, and any disagreement which may arise between
them as to those rules or their interpretation, shall be decided by the Umpire.
Decisions in every pending case shall be given by both Arbitrators before
the 15th day of December next: jointly if they agree, separately when they
disagree.
All cases in which on that day the two Arbitrators shall not have agreed,
or in which neither Arbitrator shall have rendered a decision, shall go to the
Umpire.
All cases in which the American arbitrator shall have failed to give a deci-
sion shall be rejected or allowed, as the case may be, in the form determined
by the decision of the Arbitrator of Spain if the Spanish Arbitrator shall
have given a decision: and vice-versa all cases in which the Spanish Arbi-
trator shall have failed to give a decision shall be allowed or rejected, as the
case may be, in the form determined by the decision of the American
Arbitrator if the American Arbitrator shall have given a decision: it being
the purpose of both parties to have the work of the Arbitrators finished
before December 15, 1882.
The Umpire is requested to render decisions before January 1, 1883, in
all cases submitted to him in order that the work of the Commission may
cease on that day. But if the Umpire fails to comply with this request, deci-
sions rendered by him after that day shall be respected by both parties, not-
withstanding that the Commission shall be deemed to be terminated and
dissolved after the 1st day of January, 1 883.
Mr. Barca observed that the Article as reduced embodied correctly the
understanding between himself and Mr. Frelinghuysen.
In testimony whereof we have interchangeably signed this protocol.
Fredk. T. Frelinghuysen
Fran00 Barca
[Statement]
It is agreed by the Honorable F. T. Frelinghuysen, Secretary of State, and
Don Francisco Barca, Envoy Extraordinary and Minister Plenipotentiary
562 SPAIN
of Spain, that the 6th clause of the protocol of May 6th, 1882, shall be
changed by the insertion of the words, "the 27th day of December," instead
of the words, "the 15th day of December," where the latter occur.
Fredk. T. Frelinghuysen
Francisco Barca
Washington, December 14, 1882
PROTECTION OF TRADEMARKS AND
MANUFACTURED ARTICLES
Convention signed at Washington June 19, 1882
Senate advice and consent to ratification July 5, 1882
Ratified by Spain March 8, 1883
Ratified by the President of the United States April 4, 1883
Ratifications exchanged at Washington April 19, 1883
Entered into force April 19, 1883
Proclaimed by the President of the United States April 19, 1883
Terminated April 14, 1903, by treaty of July 3, 1902 1
22 Stat. 979; Treaty Series 333
Convention between the United States of America and Spain
Concerning Trade-marks
The President of the United States of America and His Majesty the King
of Spain, being desirous of securing reciprocal protection for the trade-marks
and manufactured articles of their respective citizens or subjects within the
dominions or territories of the other country, have resolved to conclude a
Convention for that purpose, and have appointed as their Plenipotentiaries :
the President of the United States, Frederick T. Frelinghuysen, Esquire,
Secretary of State of the United States; and His Majesty the King of Spain,
His Excellency Don Francisco Barca, His Majesty's Envoy Extraordinary
and Minister Plenipotentiary in the United States; who, after reciprocal
communication of their full powers, found in good and due form, have agreed
upon the following articles, to wit :
Article I
The citizens and subjects of each of the two contracting parties shall enjoy,
in the dominions and possessions of the other, the same rights as the natives of
the country in everything relating to the ownership of trade-marks, industrial
designs or models, or of manufactures of any kind.
Article II
Persons desiring to secure the aforesaid protection shall be obliged to com-
ply with the formalities required by the laws of the respective countries.
1 TS 422, post, p. 628.
563
564 SPAIN
Article III
This Convention shall take effect as soon as it shall have been promulgated
in both countries; and shall remain in force for ten years thereafter, and
further until the expiration of one year after either of the contracting parties
shall have given notice to the other of its wish to terminate the same; each of
the contracting parties being at liberty to give such notice to the other at the
end of said period of ten years or any time thereafter.
The ratifications of this Convention shall be exchanged at Washington as
soon as possible within one year from this date.
In testimony whereof the respective Plenipotentiaries have signed this Con-
vention in duplicate, in the English and Spanish languages, and affixed
thereto the seals of their arms.
Done at Washington, the 19th day of June, in the year of our Lord one
thousand eight hundred and eighty-two.
Fred'k T. Frelinghuysen [seal]
Franc0 Barca [seal]
EXTRADITION
Convention signed at Washington August 7, 1882, amending and sup-
plementing convention of January 5, 1877
Ratified by Spain February 15, 1883
Senate advice and consent to ratification February 27, 1883
Ratified by the President of the United States April 4, 1883
Ratifications exchanged at Washington April 19, 1883
Entered into force April 19, 1883
Proclaimed by the President of the United States April 19, 1883
Terminated April 14, 1903, by treaty of July 3, 1902 x
22 Stat. 991 ; Treaty Series 334
The President of the United States of America and His Majesty the King
of Spain, being satisfied of the propriety of adding some articles to the extradi-
tion convention concluded between the United States and Spain on the 5th
day of January, 1877, 2 with a view to the better administration of justice
and the prevention of crime within their respective territories and jurisdic-
tions, have resolved to conclude a supplementary convention for that purpose,
and have appointed as their plenipotentiaries :
The President of the United States, Frederick T. Frelinghuysen, Esquire,
Secretary of State of the United States ; and His Majesty the King of Spain,
His Excellency Don Francisco Barca, Knight Grand Cross of the Royal
American Order of Isabel la Catolica, His Majesty's Envoy Extraordinary
and Minister Plenipotentiary near the Government of the United States;
Who, after having reciprocally exhibited their full powers, found in good
and due form, have agreed upon and concluded the following articles :
Article I
Paragraph 5 of Article II. of the aforesaid Convention of January 5, 1877,
is abrogated, and the following substituted :
5. Crimes committed at sea:
(a) Piracy, as commonly known and defined by the law of nations.
1 TS 422, post, p. 628.
2 TS 330, ante, p. 549.
565
566 SPAIN
( b ) Destruction or loss of a vessel caused intentionally, or conspiracy
and attempt to bring about such destruction or loss, when committed by
any person or persons on board of said vessel, on the high seas.
(c) Mutiny or conspiracy by two or more members of the crew or
other persons on board of a vessel on the high seas, for the purpose of
rebelling against the authority of the captain or commander of such vessel,
or by fraud or violence taking possession of such vessel.
Paragraph 12 of said Article II. is amended to read as follows:
12. The embezzlement or criminal malversation of public funds com-
mitted within the jurisdiction of one or the other party, by public officers
or depositaries.
Paragraph 13 of said Article II. is likewise modified to read as follows:
13. Embezzlement by any person or persons hired, salaried or em-
ployed, to the detriment of their employers or principals, when the crime
or offense is punishable by imprisonment or other corporal punishment by
the laws of both countries.
Paragraph 14 of said Article II. is likewise modified to read as follows:
14. Kidnapping of minors or adults, defined to be the abduction or
detention of a person or persons, in order to exact money from them or
from their families, or for any other unlawful end.
Article II
In continuation and as forming part of Article II. of the aforesaid Conven-
tion of January 5, 1877, shall be added the following paragraphs:
15. Obtaining by threats of injury, or false devices, money, valu-
ables or other personal property, and the purchase of the same with the
knowledge that they have been so obtained, when the crimes or of-
fences are punishable by imprisonment or other corporal punishment
by the laws of both countries.
16. Larceny, defined to be the theft of effects, personal property, or
money, of the value of twenty-five dollars or more.
17. Slave-trade, according to the laws of each of the two countries
respectively.
18. Complicity in any of the crimes or offences enumerated in the
Convention of January 5, 1877, as well as in these additional articles,
provided that the persons charged with such complicity be subject as
accessories to imprisonment or other corporal punishment by the laws
of both countries.
Article III
After Article XL of the aforesaid Convention of January 5, 1877, shall be
inserted the two following articles:
EXTRADITION— AUGUST 7, 1882 567
Article XII
If, when a person accused shall have been arrested in virtue of the
mandate or preliminary warrants of arrest, issued by the competent author-
ity as provided in Article XI. hereof, and been brought before a judge
or magistrate to the end of the evidence of his or her guilt being heard and
examined as hereinbefore provided, it shall appear that the mandate or
preliminary warrant of arrest has been issued in pursuance of a request or
declaration received by telegraph from the government asking for the
extradition, it shall be competent for the judge or magistrate at his dis-
cretion to hold the accused for a period not exceeding twenty-five days, so
that the demanding government may have opportunity to lay before such
judge or magistrate legal evidence of the guilt of the accused; and if, at
the expiration of said period of twenty-five days, such legal evidence shall
not have been produced before such judge or magistrate, the person
arrested shall be released; provided that the examination of the charges
preferred against such accused person shall not be actually going on.
Article XIII
In every case of a request made by either of the two contracting parties
for the arrest, detention or extradition of fugitive criminals in pursuance
of the convention of January 5, 1877, and of these additional articles,
the legal officers or fiscal ministry of the country where the proceedings
of extradition are had, shall assist the officers of the government demanding
the extradition, before the respective judges and magistrates, by every legal
means within their or its power; and no claim whatever for compensa-
tion for any of the services so rendered shall be made against the govern-
ment demanding the extradition; provided however that any officer or
officers of the surrendering government, so giving assistance, who shall,
in the usual course of their duty, receive no salary or compensation other
than specific fees for services performed, shall be entitled to receive from
the government demanding the extradition the customary fees for the acts
or services performed by them, in the same manner and to the same amount
as though such acts or services had been performed in ordinary criminal
proceedings under the laws of the country of which they are officers.
Article IV
All the provisions of the aforesaid convention of the 5 th of January, 1877,
not abrogated by these additional articles, shall apply to these articles with
the same force as to the said original Convention.
This additional Convention shall be ratified and the ratifications exchanged
at Washington as soon as may be practicable; and upon the exchange of
308 r.s-j ,t:: —38
568 SPAIN
ratifications it shall have immediate effect, and form a part of the aforesaid
Convention of January 5, 1877, and continue and be terminable in like
manner therewith.
In testimony whereof the respective Plenipotentiaries have signed the pres-
ent additional Convention in duplicate, in the English and Spanish lan-
guages, and have hereunto affixed their seals.
Done at the city of Washington this 7 th day of August in the year
of our Lord one thousand eight hundred and eighty-two.
Fredk. T. Frelinghuysen [seal]
Franco Barca [seal]
SPANISH-AMERICAN CLAIMS COMMISSION
Protocol signed at Washington June 2, 1883
Entered into force June 2, 1883
Terminated upon fulfillment of its terms
23 Stat. 732; Treaty Series 335
Protocol of an Agreement Concluded between Mr. John Davis,
Acting Secretary of State of the United States, and Don
Francisco Barca, Envoy Extraordinary and Minister Plenipo-
tentiary of His Majesty the King of Spain, signed the 2nd Day
of June 1883
The undersigned, in view of the Spanish-American Commission 1 of
arbitration having concluded its labors on the 31st of December last in
conformity with the provisions of the protocol of the 6th of May 1882, after
having conferred on the subject, and being sufficiently empowered thereto by
their respective governments, have agreed upon the following:
First: The Department of State of the United States will preserve in
its archives the originals of the judgments pronounced by the Commission
of Arbitration, giving a duly certified copy of each one of said judgments
to the Legation of Spain.
The books, reports and other documents of the dissolved Commission shall
be divided between the Department of State and the Legation of His Majesty
the King of Spain.
Second: On the 30th day of the present month of June, Mr. Eustace
Collett, late Secretary of the said Commission, and who at the present time
is charged with the arrangement and division of its papers, shall complete
his labors, delivering to each of the respective governments the documents,
books and papers referred to in the preceding paragraph first.
Third: The Governments of the United States of America and of His
Majesty the King of Spain recognizing the zeal, uprightness, and impartiality
with which Count Lewenhaupt has given his services during nearly three
years as Umpire, hereby agree that the Government of His Majesty the King
of Spain shall pay to Count Lewenhaupt the salary or compensation to which
'For background, see agreement of Feb. 11 and 12, 1871 (TS 328-1, ante, p. 540), as
supplemented by agreements of Feb. 23, 1881 (TS 331-1, ante, p. 557), and May 6 and
Der. 14, 1882 (TS 332, ante, p. 560).
569
570 SPAIN
he is entitled according to the 6th article of the agreement of February 12,
1871, and that the Government of the United States will give to him a suit-
able present, both of these, the salary as well as the present, to be given in
the name of the two contracting parties.
Fourth: The Government of the United States and that of His Catholic
Majesty, desiring at the same time to present a testimonial of their thanks
to Baron Carl Lederer, Mr. A. Bartholdi and Baron A. Blanc, for the zeal,
impartiality and uprightness with which they in turn filled in past years the
same delicate office of Umpire, hereby agree to offer to each of the three
gentlemen mentioned a present consisting of a work of silver or of art,
the cost of which shall be defrayed in equal moieties by the two governments.
Fifth: The payment of salary due to Count Lewenhaupt and the presents
which are to be made to him as well as to his predecessors shall not prejudice
in any manner the question touching the payment of the expenses of the
dissolved Spanish and American Commission of Arbitration, or any other
question pending between the two countries.
In testimony whereof, the undersigned have signed and sealed the present
Protocol in the city of Washington, this 2nd day of June, A. D. 1883.
John Davis [seal]
Franco Barca [seal]
COMMERCIAL RELATIONS WITH RESPECT TO
CUBA AND PUERTO RICO
Agreement signed at Madrid January 2, 1884
Entered into force January 2, 1884
Superseded by agreement of February 13, 1884 1
23 Stat. 751 j Treaty Series 336 2
The Government of the United States of America and the Government
of His Majesty the King of Spain, desiring to improve the commercial re-
lations between said States and the Spanish Provinces of Cuba and Porto-
Rico, John W. Foster, Envoy Extraordinary and Minister Plenipotentiary
of said Republic at Madrid, and His Excellency Servando Ruiz Gomez, His
Catholic Majesty Minister of State, duly authorized by their respective Gov-
ernments have agreed upon the following Articles :
Article 1 °
In virtue of the authorization given to the Spanish Government by Article
3 of the law of the 20th of July, 1882, the duties of the third column of the
Customs Tariffs of Cuba and Porto-Rico, which implies the suppression of
the differential flag duty, will at once be applied to the products of, and
articles proceeding from, the United States of America.
Article 2 °
In consequence of this Agreement the Royal Order of the 13th March
1882, which imposes a special duty on live fish imported into Cuba under
a foreign flag, is void for the United States.
Article 3 °
The Spanish Consular officers in the United States will cease to impose
or collect tonnage fees on the cargoes of vessels leaving the ports of the United
States for Cuba and Porto-Rico.
1 TS 337, post, p. 573.
' Originally printed in the Treaty Series as an adjunct to TS 337.
571
572 SPAIN
Article 4 °
The Government of the said United States will remove the extra duty of
ten per cent ad valorem which it has imposed on the products and articles
proceeding from Cuba and Porto-Rico under the Spanish flag.
Article 5 °
Perfect equality of treatment between the said Spanish Provinces and the
United States is established, thus removing all extra duties or discrimination
not general as to other countries having the treatment of the most favored
nation.
Article 6 °
The Custom Houses of the United States will furnish to the respective
Spanish Consuls, whenever they may request them, certificates of the cargoes
of sugar and tobacco brought in vessels proceeding from both the Spanish
Antilles, stating the quantities of said articles received.
Article 7 °
The preceding stipulations shall go into effect both in the United States
and in the Provinces of Cuba and Porto-Rico on the first day of March,
1884.
Article 8 °
Both Governments bind themselves to begin at once negotiation for a
complete Treaty of Commerce and Navigation between the United States
of America and the said Provinces of Cuba and Porto-Rico.
Executed in duplicate at Madrid on this Second day of January A.D. one
thousand eight hundred and Eighty-four.
John W. Foster [seal]
Servando Ruis Gomez [seal]
COMMERCIAL RELATIONS WITH RESPECT TO
CUBA AND PUERTO RICO
Agreement signed at Madrid February 13, 1884
Entered into force February 13, 1884; operative March 1, 1884
Terminated April 14, 1903, by treaty of July 3, 1902 x
23 Stat. 750; Treaty Series 337
As the commercial agreement for the improvement of the mercantile
relations between the United States of America and the islands of Cuba and
Porto Rico, signed in this capital on the second day of January of the present
year,2 embraces, besides the stipulations which the Government of His Cath-
olic Majesty may, in virtue of legal authorization, put into execution at once,
others which require the examination and approbation of the legislative
power, which on account of special circumstances is unable to deliberate upon
them in proper time to put them in execution on the first day of March next,
as agreed upon; the Government of the United States of America and the
Government of His Majesty the King of Spain, and in their name John W.
Foster, Envoy Extraordinary and Minister Plenipotentiary of said Republic
in Madrid, and His Excellency Jose Elduayen, Marques del Pazo de la
Merced, Minister of State, duly authorized, have decided to modify the
Commercial Agreement of the second of January last, and have agreed upon
the following articles :
Article 1
In virtue of the authorization given to the Spanish Government by article
3 of the law of the 20th of July, 1882, the duties of the third column of the
customs tariffs of Cuba and Porto Rico, which implies the suppression of the
differential flag duty, will be applied to the products of, and articles pro-
ceeding from the United States of America.
Article 2
The Government of the United States will remove the extra duty of ten
per cent, ad valorem which it has imposed on the products of, and articles
proceeding from, Cuba and Porto Rico under the Spanish flag.
1 TS 422, />ort, p. 628.
J TS 336, <zn*«, p. 571.
573
574 SPAIN
Article 3
The customs-houses of the United States will furnish to the respective
Spanish consuls, whenever they may request them, certificates of the cargoes
of sugar and tobacco brought in vessels proceeding from both the Spanish
Antilles, stating the quantities of said articles received.
Article 4
The preceding stipulations shall go into effect both in the United States of
America and the Islands of Cuba and Porto Rico on the first day of March,
1884; and to this effect the Government of the United States of America
and that of Spain will at once issue the proper orders.
Executed in duplicate in Madrid on this 13th February, one thousand
eight hundred and eighty-four.
John W. Foster [seal]
J. Elduayen [seal]
The Government of Efts Catholic Majesty will submit in due time to the
deliberations of the Cortes, the suppression of the tonnage fees on merchan-
dise at present paid on the cargoes of vessels leaving the ports of the United
States for Cuba and Porto Rico, as well as the special duty which is imposed
on five fish imported into Cuba under a foreign flag in accordance with the
Royal Order of 1 3th of March, 1 882.
Executed in duplicate in Madrid on this 13th February, one thousand
eight hundred and eighty-four.
John W. Foster
J. Elduayen
COMMERCIAL RELATIONS WITH RESPECT TO
CUBA AND PUERTO RICO
Memorandum of agreement signed at Washington October 27, 1886
Entered into force October 27, 1886
Terminated April 14, 1903, by treaty of July 3, 1902 1
Treaty Series 338
Memorandum of Agreement between the Government of the United
States of America and the Government of Spain for the Recip-
rocal and Complete Suspension of all Discriminating Duties
of Tonnage or Imposts in the United States and in the Islands
of Cuba and Porto Rico upon Vessels of the Respective Coun-
tries AND THEIR CARGOES
First : It is positively understood that from this date an absolute equaliza-
tion of tonnage and impost duties will at once be applied to the products of
and articles proceeding from the United States or from any foreign country
in vessels owned by citizens of the United States to the Islands of Cuba and
Porto Rico, and that no higher or other impost or tonnage duties will be
levied upon such vessels and the merchandise carried in them as aforesaid
than are imposed upon Spanish vessels and their cargoes under the same
circumstances.
Under the above conditions the President of the United States will at
once issue his proclamation 2 declaring that the foreign discriminating duties
of tonnage and imposts within the United States are suspended and dis-
continued so far as respects Spanish vessels and the produce, manufactures
or merchandise imported in them into the United States from Spain or her
possessions aforesaid or from any foreign country.
This Memorandum of Agreement is offered by the Government of Spain
and accepted by the Government of the United States as a full and satis-
factory notification of the facts above recited.
Secondly: The United States Minister at Madrid will be authorized to
negotiate with the Minister for Foreign Affairs either by an Agreement
or treaty, so as to place the commercial relations between the United States
and Spain on a permanent footing advantageous to both countries.
1 TS 422, post, p. 628.
'Oct. 27, 1886; 24 Stat. 1030.
575
576 SPAIN
In witness whereof, the undersigned, in behalf of the Governments of
the United States and of Spain respectively, have hereunto set their hands
and seals.
Done at Washington, this 27th day of October, A. D. 1886.
T. F. Bayard
E. DE MURUAGA
COMMERCIAL RELATIONS WITH RESPECT TO
ALL SPANISH POSSESSIONS
Memorandum of agreement signed at Washington September 21 , 1887
Entered into force September 21, 1887
Extended by protocols of December 21, 1887, 1 and May 26, 1888 2
Terminated April 14, 1903, by treaty of July 3, 1902 3
Treaty Series 339
Memorandum of Agreement between the Government of the United
States of America and the Government of Spain for the Recip-
rocal and Complete Suspension of all Discriminating Duties of
Tonnage or Imposts in the United States and in the Islands
of Cuba and Porto Rico and all Other Countries Belonging to
the Crown of Spain, Upon Vessels of the Respective Countries
and their cargoes
1 . It is positively agreed that from this date an absolute equalization of
tonnage dues and imposts shall at once be applied to the products of or ar-
ticles proceeding from the United States, or any other foreign country, when
carried in vessels belonging to citizens of the United States, and under the
American flag, to the Islands of Cuba, Porto Rico and the Philippines, and
also to all other countries belonging to the Crown of Spain, and that no
higher or other tonnage dues or imposts shall be levied upon said vessels and
the goods carried in them, as aforesaid, than are paid by Spanish vessels and
their cargoes under similar circumstances.
2d. On the above conditions, the President of the United States shall
at once issue a proclamation 4 declaring that discriminating tonnage dues and
imposts in the United States are suspended and discontinued as regards
Spanish vessels and produce, manufactures or merchandise imported into the
United States, proceeding from Spain, from the aforesaid possessions and
from the Philippine Islands; and also from all other countries belonging to
the Crown of Spain or from any foreign country.
This protocol of an agreement is offered by the Government of Spain and
accepted by that of the United States as a full and satisfactory notification of
the facts above recited.
1 TS 340, post, p. 579.
*TS 341, post, p. 580.
"TS 422, post, p. 628.
'Sept. 21, 1887; 25 Stat. 1482.
577
578 SPAIN
3d. The United States Minister at Madrid will be authorized to negotiate
with the Minister for Foreign Affairs either by an agreement or treaty, so as to
place the commercial relations between the United States and Spain on a
permanent footing advantageous to both countries.
In witness whereof, the undersigned, in behalf of the Governments of the
United States and of Spain respectively, have hereunto set their hands and
seals.
Done at Washington this 21st day of September in the year of our Lord
1887.
T. F. Bayard [seal]
E. DE MURUAGA [SEAL]
COMMERCIAL RELATIONS WITH RESPECT TO
ALL SPANISH POSSESSIONS
Protocol signed at Madrid December 21, 1887, extending memorandum
of agreement of September 21, 1887
Entered into force December 21, 1887
Extended by protocol of May 26, 1888 1
Terminated April 14, 1903, by treaty of July 3, 1902 2
Treaty Series 340
The undersigned, in behalf of the Governments of Spain and of the United
States, respectively, have agreed that the agreement between the Government
of the United States of America and the Government of Spain for the re-
ciprocal and complete suspension of all discriminating duties of tonnage or
imposts in the United States and in the Islands of Cuba, Porto Rico, and
Philippines, and all other countries belonging to the crown of Spain, upon
vessels of the respective countries and their cargoes,3 shall be extended until
the 30th of June, 1888, and shall continue in full force and effect until the
time specified, unless it shall be superseded at an earlier day by treaty between
the two Governments.
In witness whereof his excellency, S. Moret, minister of state, and J. L. M.
Curry, envoy extraordinary and minister plenipotentiary of the United States
of America, have hereunto set their hands and seals in the present instrument.
Done at Madrid this 21st day of December, in the year of our Lord 1887.
J. L. M. Curry [seal]
S. Moret [seal]
1TS341, />os*,p. 580.
s TS 422, post, p. 628.
"Memorandum of agreement signed at Washington Sept. 21, 1887 (TS 339, ante,
p. 577).
579
COMMERCIAL RELATIONS WITH RESPECT TO
ALL SPANISH POSSESSIONS
Protocol signed at Madrid May 26, 1888, extending protocol of Decem-
ber 2 1,1 887
Entered into force May 26, 1888
Terminated April 14, 1903, by treaty of July 3, 1902 x
Treaty Series 341
The undersigned, in the name of the Governments of Spain and the
United States, respectively, have agreed as follows :
First. The agreement in force between Spain and the United States
of America signed at Madrid on the 21st of December, 1887,2 is prorogued.
Second. This agreement, which was to terminate on June 30 of this year,
shall continue in force, by virtue of this prorogation, until the conclusion
of a more extended treaty of commerce between the two parties interested,
or until one of them shall give notice to the other of its desire to termi-
nate the agreement two months before the date on which it desires such
termination.
In witness whereof his excellency Don Segismundo Moret, minister of
state, and Mr. J. L. M. Curry, envoy extraordinary and minister plenipo-
tentiary of the United States of America in Madrid, have placed their hands
and seals to the present document.
Done in duplicate at Madrid this 26th day of May, 1888.
J. L. M. Curry [seal]
S. Moret [seal]
1 TS 422, post, p. 628.
2 TS 340, ante, p. 579.
580
COMMERCIAL RELATIONS WITH RESPECT TO
CUBA AND PUERTO RICO
Proclamation by the President of the United States July 31, 1891,1
and exchanges of notes at Washington January 3 and June 8, 10,
12, and 16,1891
Transitory schedule operative September 1, 1891; schedules A-D
operative July 1 , 1892
Terminated April 14, 1903, by treaty of July 3, 1902 2
27 Stat. 982 ; Treaty Series 342
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A Proclamation
Whereas, pursuant to section 3 of the Act of Congress approved Octo-
ber 1, 1890,3 entitled "An Act to reduce the revenue and equalize duties on
imports, and for other purposes," the Secretary of State of the United States
of America communicated to the Government of Spain the action of the
Congress of the United States of America, with a view to secure reciprocal
trade, in declaring the articles enumerated in said section 3, to wit, sugars,
molasses, coffee and hides, to be exempt from duty upon their importation
into the United States of America;
And whereas the Envoy Extraordinary and Minister Plenipotentiary of
Spain at Washington has communicated to the Secretary of State the fact
that, in reciprocity and compensation for the admission into the United
States of America free of all duty of the articles enumerated in section 3 of
said act, the Government of Spain will, by due legal enactment, and as a
provisional measure, admit, from and after September 1, 1891, into all the
established ports of entry of the Spanish islands of Cuba and Porto Rico, the
articles or merchandise named in the following Transitory Schedule, on the
terms stated therein, provided that the same be the product or manufacture
of the United States and proceed directly from the ports of said States :
Transitory Schedule
Products or manufactures of the United States to be admitted into Cuba
and Porto Rico free of duties:
1 For repertory of schedules A, B, C, and D, see TS 342/2 (not printed here).
2 TS 422, post, p. 628.
•26 Stat. 612.
581
582 SPAIN
1 . Meats, in brine, salted or smoked, bacon, hams, and meats preserved
in cans, in lard or by extraction of air; jerked beef excepted.
2. Lard.
3. Tallow and other animal greases, melted or crude, unmanufactured.
4. Fish and shellfish, five, fresh, dried, in brine, smoked, pickled ; oysters
and salmon in cans.
5. Oats, barley, rye and buckwheat and flour of these cereals.
6. Starch, maizena and other alimentary products of corn, except corn
meal.
7. Cotton seed, oil and meal cake of said seed for cattle.
8. Hay, straw for forage and bran.
9. Fruits, fresh, dried and preserved, except raisins.
10. Vegetables and garden products, fresh and dried.
1 1 . Resin of pine, tar, pitch and turpentine.
12. Woods of all kinds, in trunks or logs, joists, rafters, planks, beams,
boards, round or cylindric masts, although cut, planed and tongued and
grooved, including flooring.
13. Woods for cooperage, including staves, headings and wooden hoops.
14. Wooden boxes, mounted or unmounted, except of cedar.
15. Woods, ordinary, manufactured into doors, frames, windows and
shutters, without paint or varnish, and wooden houses, unmounted, without
paint or varnish.
16. Wagons and carts for ordinary roads and agriculture.
17. Sewing machines.
18. Petroleum, raw or unrefined, according to the classification fixed in
the existing orders for the importation of this article in said islands.
19. Coal, mineral.
20. Ice.
Products or manufactures of the United States to be admitted into Cuba
and Porto Rico on payment of the duties stated :
2 1 . Corn or maize, 25 cents per 1 00 kilogrammes.
22. Corn meal, 25 cents per 100 kilogrammes.
23. Wheat, from January 1, 1892, 30 cents per 100 kilogrammes.
24. Wheat-flour, from January 1, 1892, $1 per 100 kilogrammes.
Products or manufactures of the United States to be admitted into Cuba
and Porto Rico at a reduction of duty of 25 per centum :
25. Butter and cheese.
26. Petroleum, refined.
27. Boots and shoes in whole or in part of leather or skins.
COMMERCE: CUBA AND PUERTO RICO— JAN. 3-JUNE 16, 1891 583
And whereas the Envoy Extraordinary and Minister Plenipotentiary of
Spain in Washington has further communicated to the Secretary of State
that the Government of Spain will, in like manner and as a definitive ar-
rangement, admit, from and after July 1, 1892, into all the established ports
of entry of the Spanish islands of Cuba and Porto Rico, the articles or
merchandise named in the following schedules A, B, C, and D, on the terms
stated therein, provided that the same be the product or manufacture of the
United States and proceed directly from the ports of said States:
Schedule A
Products or manufactures of the United States to be admitted into Cuba
and Porto Rico free of duties :
1 . Marble, jasper and alabaster natural or artificial, in rough or in pieces,
dressed, squared and prepared for taking shape.
2. Other stones and earthy matters, including cement, employed in
building, the arts and industries.
3. Waters, mineral or medicinal.
4. Ice.
5. Coal, mineral.
6. Resin, tar, pitch, turpentine, asphalt, schist and bitumen.
7. Petroleum, raw or crude, in accordance with the classification fixed
in the tariff of said islands.
8. Clay, ordinary, in paving tiles large and small, bricks, and roof tiles
unglazed, for the construction of buildings, ovens and other similar purposes.
9. Gold and silver coin.
10. Iron, cast in pigs, and old iron and steel.
1 1 . Iron, cast, in pipes, beams, rafters and similar articles, for the con-
struction of buildings, and in ordinary manufactures. (See repertory.)
12. Iron, wrought, and steel, in bars, rails and bars of all kinds, plates,
beams, rafters, and other similar articles for construction of buildings.
13. Iron, wrought, and steel, in wire, nails, screws, nuts, and pipes.
14. Iron, wrought, and steel, in ordinary manufactures and wire cloth
unmanufactured. ( See repertory. )
15. Cotton, raw, with or without seed.
1 6. Cotton seed, oil and meal cake of same for cattle.
17. Tallow and all other animal greases, melted or crude, unmanu-
factured.
18. Books and pamphlets, printed, bound and unbound.
19. Woods of all kinds, in trunks or logs, joists, rafters, planks, beams,
boards and round or cylindric masts, although cut, planed, tongued and
grooved, including flooring.
20. Wooden cooperage, including staves, headings and wooden hoops.
584 SPAIN
21. Wooden boxes, mounted or unmounted, except of cedar.
22. Woods, ordinary, manufactured into doors, frames, windows and
shutters, without paint or varnish, and wooden houses, unmounted, with-
out paint or varnish.
23. Woods, ordinary, manufactured into all kinds of articles turned or
unturned, painted or varnished, except furniture. (See repertory.)
24. Manures, natural or artificial.
25. Implements, utensils and tools for agriculture, the arts and mechani-
cal trades.
26. Machines and apparatus, agricultural, motive, industrial and sci-
entific, of all classes and materials, and loose pieces for the same, including
wagons, carts and handcarts for ordinary roads and agriculture.
27. Material and articles for public works, such as railroads, tramways,
roads, canals for irrigation and navigation, use of waters, sports, lighthouses,
and civil construction of general utility, when introduced by authorization of
the Government, or if free admission is obtained in accordance with local
laws.
28. Materials of all classes for the construction, repair in whole or in
part of vessels, subject to specific regulations to avoid abuse in the importation.
29. Meats, in brine, salted and smoked, including bacon, hams, and
meats preserved in cans, in lard or by extraction of air; jerked beef excepted.
30. Lard and butter.
31. Cheese.
32. Fish and shellfish, live, fresh, dried, in brine, salted, smoked and
pickled ; oysters and salmon in cans.
33. Oats, barley, rye and buckwheat, and flour of these cereals.
34. Starch, maizena and other alimentary products of corn, except corn
meal.
35. Fruits, fresh, dried and preserved, except raisins.
36. Vegetables and garden products, fresh and dried.
37. Hay, straw for forage and bran.
38. Trees, plants, shrubs and garden seeds.
39. Tan bark.
Schedule B
Products or manufactures of the United States to be admitted into Cuba
and Porto Rico on payment of the duties stated :
40. Corn or maize, 25 cents per 100 kilogrammes.
4 1 . Corn meal, 25 cents per 1 00 kilogrammes.
42. Wheat, 30 cents per 1 00 kilogrammes.
43. Wheat-flour, $1 per 100 kilogrammes.
COMMERCE: CUBA AND PUERTO RICO— JAN. 3-JUNE 16, 1891 585
44. Carriages, cars and other vehicles for railroads or tramways, where
authorization of the Government for free admission has not been obtained,
1 per centum ad valorem.
Schedule C
Products or manufactures of the United States to be admitted into Cuba
and Porto Rico at a reduction of duty of 50 per centum:
45. Marble, jasper and alabaster, of all kinds, cut into flags, slabs or
steps, and the same worked or carved in all kinds of articles polished or not.
46. Glass and crystal ware, plate and window glass, and the same
silvered, quicksilvered and platinized.
47. Clay in tiles, large and small, and mosaic for pavements, colored
tiles, roof tiles glazed and pipes.
48. Stoneware and fine earthenware, and porcelain.
49. Iron, cast, in fine manufactures or those polished, with coating of
porcelain or part of other metals. ( See repertory. )
50. Iron, wrought, and steel, in axles, tires, springs and wheels for car-
riages, rivets and their washers.
51. Iron, wrought, and steel, in fine manufactures or those polished,
with coating of porcelain or part of other metals, not expressly comprised
in other numbers of these schedules, and platform scales for weighing. ( See
repertory. )
52. Needles, pens, knives, table and carving, razors, penknives, scissors,
pieces for watches and other similar articles of iron and steel.
53. Tin plate in sheets or manufactured.
54. Copper, bronze, brass and nickel, and alloys of same with common
metals, in lump or bars, and all manufactures of the same.
55. All other common metals and alloys of the same, in lump or bars,
and all manufactures of the same, plain, varnished, gilt, silvered or nickled.
56. Furniture of all kinds, of wood or metal, including school furniture,
blackboards and other materials for schools, and all kinds of articles of fine
woods not expressly comprised in other numbers of these schedules. (See
repertory. )
57. Rushes, esparto, vegetable hair, broom corn, willow, straw, palm
and other similar materials, manufactured into articles of all kinds.
58. Pastes for soups, rice flour, bread and crackers, and alimentary
farinas, not comprised in other numbers of these schedules.
59. Preserved alimentary substances and canned goods, not comprised
in other numbers of these schedules, including sausages, stuffed meats,
mustards, sauces, pickles, jams and jellies.
60. Rubber and gutta-percha, and manufactures thereof, alone or
mixed with other substances (except silk), and oilcloths and tarpaulin.
6 1 . Pvice, hulled or unhulled.
586 SPAIN
Schedule D
Products or manufactures of the United States to be admitted into Cuba
and Porto Rico at a reduction of duty of 25 per centum :
62. Petroleum, refined, and benzine.
63. Cotton manufactured, spun or twisted, and in goods of all kinds,
woven or knit, and the same mixed with other vegetable or animal fibers in
which cotton is an equal or greater component part, and clothing exclusively
of cotton.
64. Rope, cordage and twine of all kinds.
65. Colors, crude and prepared, with or without oil, inks of all kinds,
shoe blacking and varnishes.
66. Soap, toilet, and perfumery.
67. Medicines, proprietary or patent and all others, and drugs.
68. Stearine and tallow manufactured in candles.
69. Paper for printing, for decorating rooms, of wood or straw for
wrapping and packing and bags and boxes of same, sandpaper and
pasteboard.
70. Leather and skins, tanned, dressed, varnished or japanned, of all
kinds, including sole leather or belting.
7 1 . Boots and shoes in whole or in part of leather or skins.
72. Trunks, valises, traveling bags, portfolios and other similar articles
in whole or in part of leather.
73. Harness and saddlery of all kinds.
74. Watches and clocks, of gold, silver or other metals, with cases of
stone, wood or other material, plain or ornamented.
75 . Carriages of two or four wheels and pieces of the same.
It is understood that flour which, on its exportation from the United
States, has been favored with drawbacks shall not share in the foregoing
reduction of duty.
The provisional arrangement as set forth in the Transitory Schedule shall
come to an end on July 1, 1892, and on that date be substituted by the
definitive arrangement as set forth in schedules A, B, C, and D.
And that the Government of Spain has further provided that the laws
and regulations, adopted to protect its revenue and prevent fraud in the
declarations and proof that the articles named in the foregoing schedules
are the product or manufacture of the United States of America, shall place
no undue restrictions on the importer, nor impose any additional charges or
fees therefor on the articles imported.
And whereas the Secretary of State has, by my direction, given assurance
to the Envoy Extraordinary and Minister Plenipotentiary of Spain at Wash-
ington that this action of the Government of Spain, in granting exemption
of duties to the products and manufactures of the United States of America
COMMERCE: CUBA AND PUERTO RICO— JAN. 3-JUNE 16, 1891 587
on their importation into Cuba and Porto Rico, is accepted for those islands
as a due reciprocity for the action of Congress as set forth in section 3 of
said Act :
Now, therefore, be it known that I, Benjamin Harrison, President of the
United States of America, have caused the above-stated modifications of
the tariff laws of Cuba and Porto Rico to be made public for the information
of the citizens of the United States of America.
In testimony whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the City of Washington, this thirty-first day of July, one thousand
eight hundred and ninety-one, and of the independence of the United States
of America the one hundred and sixteenth.
[seal] Benj. Harrison
By the President :
William F. Wharton
Acting Secretary of State
Exchanges of Notes
The Secretary of State to the Spanish Minister
Department of State
Washington, January 3, 1891
Sir : I have the honor to bring to your attention the fact that the Con-
gress of the United States, at its last session, enacted a law, of which a copy
is enclosed herewith, in which provision was made for the admission into
the United States, free of all duty, of the following articles : All sugars not
above No. 16 Dutch standard in color, molasses, coffee, tea, hides, and
skins.
In section 3 of this law it is declared that these remissions of duty were
made "with a view to secure reciprocal trade with countries producing"
those articles ; and it is provided that, whenever the President shall be satis-
fied that reciprocal favors are not granted to the products of the United
States in the countries referred to, "he shall have the power and it shall be
his duty" to impose upon the articles above enumerated, the products of the
countries concerned, the rates of duty set forth in section 3.
The Government of the United States being earnestly desirous of main-
taining with Spain and its colonies such trade relations as shall be re-
ciprocally equal and mutually advantageous, I am directed by the President
to request you to bring the above-mentioned provisions of this act of Con-
gress to the attention of your Government, and to express the hope that you
may be empowered to enter with me upon the consideration of the subject,
588 SPAIN
with a view to the adjustment of the commercial relations between the two
countries on a permanent basis of reciprocity profitable alike to both.
Accept, Sir, the renewed assurances of my highest consideration.
James G. Blaine
Sefior Don Miguel Suarez Guanes,
Etc., etc., etc.
The Spanish Minister to the Secretary of State
Legation of Spain at Washington
Washington, June 8, 1891
The undersigned, Envoy Extraordinary and Minister Plenipotentiary of
Spain, has the honor to inform the Honorable Secretary of State, in reply
to his note of the 3d of January last, that his Government, desirous of
strengthening and increasing the commercial relations between Spain and
the United States of North America to the benefit of both countries, and
being convinced that the community and harmony of their respective inter-
ests counsel that said relations should be stimulated and favored for the
greater development and encouragement of their commerce, has decided to
respond, as promptly and as fully as its national interests and international
engagements permit, to the legislation of the Congress of the United States,
as set forth in the note of January 3 above mentioned.
He has therefore been instructed to inform the Honorable Secretary of
State that, in view of there having been decreed the free admission into the
United States, from the 1st of April of the present year, of sugars, molasses,
coffee, tea, and untanned hides, as a provisional measure, until a definitive
arrangement between the United States and Spain shall be put in operation,
and in reciprocity and compensation for the admission into the ports of the
Union, free of all national, State, and municipal duties, of the products of
Cuba and Porto Rico enumerated in the aforesaid note of the 3d of Jan-
uary last, the Government of Her Majesty is prepared to make use in part
of the power granted to it by the law of the 2 2d of July, 1884, authorizing
the admission into all the established ports of Cuba and Porto Rico, from
the 1st day of September, 1891, of the articles or merchandise named in the
transitory schedule annexed hereto; 4 provided that the duties of the third
column of the tariffs of the said islands, to which reference is made in said
schedule, are understood to be those stated in the tariffs which are now in
force, with the additional duties authorized by laws and orders previous to
this date.
The necessary condition is imposed that said merchandise shall be the
product or manufacture of the United States, and proceed directly from
the ports of these States in the manner stated in the annexed schedule.
* For text of transitory schedule, see p. 581.
COMMERCE: CUBA AND PUERTO RICO— JAN. 3-JUNE 16, 1891 589
As provided in the same schedule, the benefit of the reduction of duties
granted to American wheat and wheat-flour, on their introduction into the
ports of Cuba and Porto Rico, shall not take effect until the 1st day of
January, 1892.
Flour shall be excluded from said reduction, and shall not therefore share
in it, which, on its departure from the ports of the Union, destined to those
of Cuba and Porto Rico, may be favored with drawbacks or other tariff
advantages.
The Government of Spain gives the assurance that, during the existence
of this transitory arrangement, no export or port duty, whether national or
provincial, shall be imposed on the articles or merchandise exported from
Cuba and Porto Rico to the United States, and which the latter nation
admits free of duties.
Respecting the North American articles of food, drink, and fuel specified
in the annexed transitory schedule, which are imported into said islands, the
Government of Spain, without restricting the rights of the municipal coun-
cils, will seek to have the latter impose upon them no greater municipal
duties than those which national products pay, and that they shall not
materially increase the price of said articles.
The Spanish Government reserves the right to propose the laws and adopt
the regulations necessary to protect the customs revenues in said islands, to
prevent fraud and require proof of the North American nationality of the
articles enumerated in the annexed schedule. These laws and regulations
shall not be unduly restrictive, nor create additional charges therefor, nor
impose new duties on the articles imported.
What has just been stated will convince the President that the Govern-
ment of Her Majesty responds to the legislation of the Congress of the United
States in a spirit of sincere friendship and reciprocity, and, in this firm con-
viction, it has authorized the undersigned to conclude with that of the
United States the proper executive international agreement, which shall
begin to take effect on the 1st day of September, 1891, and also to agree
with the Honorable Secretary of State on the day when it shall be simul-
taneously and officially published in both countries, with the understand-
ing that this commercial arrangement, put in operation under the clauses
above stated, shall remain in force so long as it shall not be modified by the
mutual agreement of the Executive Power of the two countries, always re-
serving the respective right of the Cortes of Spain and of the Congress of the
United States to modify or repeal it whenever they may think proper.
The undersigned Minister gladly improves this opportunity to reiterate to
the Honorable Secretary of State the assurances of his highest consideration.
M. SUAREZ GUANES
The Honorable James G. Blaine
Secretary of State of the United States
590 SPAIN
The Secretary of State to the Spanish Minister
Department of State
Washington, June 10, 1891
Sir:
I have great pleasure in acknowledging the receipt of your note of the
8th instant, in which you inform me that, as a provisional measure, until
a more definitive arrangement shall be put in operation, the Government
of Spain, in reciprocity and compensation for the admission into the ports
of the United States, free from all national, State, or municipal duties, of
the products of the Spanish islands of Cuba and Porto Rico enumerated in
my note of January 3 last, is prepared by due legal enactment to authorize
the free or favored admission into said islands, from September 1 next, of
the articles proceeding directly from, and the product or manufacture of,
the United States of America, named in the schedule attached to your note ;
that your Government gives the assurance that no export or port tax, whether
national or provincial, shall be imposed on the articles admitted free into
the United States ; that it will seek to have no greater municipal duties than
those paid by national products imposed on the articles named in said sched-
ule, and that said duties shall not materially increase the price of said articles ;
and that the laws and regulations which may be adopted by Spain to pre-
vent fraud shall not impose any additional charges therefor on the articles
named in said schedule imported from the United States.
I am directed by the President to state to you that, as a provisional meas-
ure, he accepts this action of the Government of Spain, in proposing to grant
exemption of duties to the products of the United States, as a due reciprocity
for the action of the Congress of the United States, as set forth in my note
to you of January 3 last.
I am also pleased to reciprocate the assurance contained in your note,
and to state that no export tax, whether national, State, or municipal, can
or will be imposed in the United States upon the products and manufactures
enumerated in the schedule attached to your note of the 8th instant.
It may be further understood that, while the Government of the United
States reserves the right to adopt such laws and regulations as may be found
necessary to protect the revenue and prevent fraud in the declarations and
proof that the articles enumerated in my note of January 3 last, and whose
free admission is provided for by the tariff law therein cited, are the product
or manufacture of the islands of Cuba and Porto Rico, the laws and regula-
tions to be adopted to that end shall place no undue restrictions on the im-
porter nor impose any additional charges therefor upon the articles imported.
It is likewise understood that wheat-flour shall not share in the specified
reduction of duties which begins to take effect January 1, 1892, which, on
its exportation from the United States, may have been favored with any
tariff advantages in the nature of drawbacks.
COMMERCE: CUBA AND PUERTO RICO— JAN. 3-JUNE 16, 1891 591
I have, therefore, to request that you will be so kind as to call at the
Department of State at your early convenience to agree upon the time and
manner of making public announcement of this transitory commercial ar-
rangement, which, it is understood, shall remain in force so long as it shall
not be modified by the mutual agreement of the Executive Power of the
two countries, always reserving the respective right of the Congress of the
United States and of the Cortes of Spain to modify or repeal said arrange-
ment whenever they may think proper.
Accept, Sir, the renewed assurances of my highest consideration.
James G. Blaine
Sehor Don Miguel Suarez Guanes
Etc., etc., etc.
The Spanish Minister to the Secretary of State
Legation of Spain at Washington
June 12, 1891
The undersigned, Envoy Extraordinary and Minister Plenipotentiary of
Spain, has the honor to inform the Honorable Secretary of State that, a
transitory commercial arrangement having been agreed upon between the
Government of His Majesty and that of the United States of North America,
which is to go into effect on the 1st day of September, 1891, and it being
the desire of both Governments that said arrangement should have a defini-
tive character from the time when Spain shall be free from her international
engagements, the Government of His Majesty, in reciprocity and compensa-
tion for the admission into the ports of the United States of America, free
of all national, State, and municipal duties, of the products of Cuba and
Porto Rico enumerated in the note of the Honorable Secretary of State of
the 3d of January of the present year, is prepared to make full use of the
power granted to it by the law of the 22d of July, 1884, authorizing the
admission into all the established ports of said islands, from the 1st of July,
1892, of the articles or merchandise named in the schedules annexed to this
note, designated by the letters A, B, C, and D ; 5 provided that the duties of
the third column of the tariffs of the islands of Cuba and Porto Rico, to
which reference is made in said schedules, are understood to be those stated
in the tariffs which are now in force, with the additional duties authorized
by laws and orders previous to this date.
A necessary condition is imposed that said merchandise shall be the
product or manufacture of the United States, and proceed directly from the
ports of the Union in the manner stated in the annexed schedules.
The Government of Spain gives the assurance that, during the existence
of the arrangement, no export or port duty, whether national or provincial,
shall be imposed on the articles or merchandise which are exported from
8 For text of schedules A, B, C, and D, see p. 583.
308-582—73 39
592 SPAIN
Cuba and Porto Rico to the United States, and which the latter nation
admits free of duties.
Respecting the North American articles of food, drink, and fuel specified
in the annexed schedules which are imported into said islands, the Govern-
ment of His Majesty, without restricting the rights of the municipal councils,
will seek to have the latter impose upon them no greater municipal taxes
than those which national products pay, and that they shall not materially
increase the price of said articles.
The Government of His Majesty reserves the right to propose the laws
and adopt the regulations necessary to protect the customs revenues in the
islands of Cuba and Porto Rico, to prevent fraud and require proof of the
North American nationality of the articles enumerated in the annexed sched-
ules. These laws shall not be unduly restrictive, nor create additional charges
therefor, nor impose new duties on the articles imported.
A repertory shall be compiled to regulate the better application of the
annexed schedules in the custom-houses of Cuba and Porto Rico, and as a
basis for the classification of articles the repertory attached to the unratified
treaty of October 18, 1884, shall be taken with such modifications as the
present schedules require.
Flour which, on its departure from the ports of the Union for those of
Cuba and Porto Rico, is favored with drawbacks or other tariff advantages
is excluded from the reduction of duties conceded in the annexed schedules
to American wheat and wheat-flour, and shall not share in said favor.
It is to be understood that, when this definitive commercial arrangement
goes into effect, the transitory one shall terminate and be of no further force.
The definitive arrangement thus put in operation shall remain in force
so long as it shall not be modified by the mutual agreement of the Executive
Power of the two countries, always reserving the respective right of the Cortes
of Spain and of the Congress of the United States to modify or repeal said
arrangement whenever they may think proper.
The Governments of the two nations shall fix the day when this definitive
arrangement shall be simultaneously and officially published in both
countries.
In proposing in the name of his Government the project of the definitive
commercial arrangements in the terms which he has just transcribed, it
remains for the undersigned to comply with the special instruction which his
Government has likewise given him, to submit to the consideration of the
Honorable Secretary of State the serious injuries which have been occasioned
to the tobacco production in the islands of Cuba and Porto Rico, in con-
sequence of the increase of duties imposed on said article by the new tariff
law of the United States, cherishing the hope that, while it may not be
possible to diminish them at once in the present arrangement, because the
President of the Union has not the power to do so, the latter will exercise his
constitutional powers in order to recommend to Congress the said reduction
of duties on the tobacco of Cuba and Porto Rico.
COMMERCE: CUBA AND PUERTO RICO— JAN. 3-JUNE 16, 1891 593
These measures will duly complete the friendly character of the commer-
cial relations between the two countries, for which purpose the Spanish
Government has not hesitated to facilitate, as far as was within its power,
the negotiation of the present reciprocity arrangement.
The undersigned Minister hopes, therefore, that the President will comply
with these proper desires of the Government of His Majesty, and that the
Secretary of State will respond to the same in a separate note, if possible, at
the time he replies to the proposition for the arrangement contained in the
present note, and he gladly improves this opportunity to repeat the assurances
of his highest consideration.
M. SUAREZ GlJANES
To the Honorable
James G. Blaine
Secretary of State of the
United States of America
The Secretary of State to the Spanish Minister
Department of State
Washington, June 16, 1891
Sir:
Having already had the honor to enter with you upon a transitory com-
mercial arrangement between the United States and the islands of Cuba and
Porto Rico, to go into effect September 1 next, I now have the pleasure to
acknowledge the receipt of your note of the 12th instant, in which you
inform me that, with the object of giving a definitive character to said com-
mercial arrangement, the Government of Spain, in reciprocity and com-
pensation for the admission into the ports of the United States of America,
free from all national, State, and municipal duties, of the products of Cuba
and Porto Rico enumerated in my note of January 3 last, is prepared by due
legal enactment to authorize the admission into said islands, from July 1,
1892, of the articles or merchandise named in the schedules annexed to your
note of the 12th instant, on the conditions stated in said note and schedules;
that your Government gives the assurance that no export or port tax,
whether national or provincial, shall be imposed on the articles admitted
free into the United States; that it will seek to have no greater municipal
duties than those paid by national products imposed on the articles named
in said schedules, and that said duties shall not materially increase the price
of said articles ; and that the laws and regulations which may be adopted by
Spain to prevent fraud shall not impose any additional charges therefor on
the articles named in said schedules imported from the United States.
I am directed by the President to state that he accepts this action of the
Government of Spain, in proposing to grant exemption of duties to the
594 SPAIN
products of the United States, as a due reciprocity for the action of the
Congress of the United States, as set forth in my note to you of January 3d
last.
I am also pleased to reciprocate the assurance contained in your note, and
to state that no export tax, whether national, State, or municipal, can or
will be imposed in the United States upon the products and manufactures
enumerated in the schedules attached to your note of the 12th instant.
It may be further understood that, while the Government of the United
States reserves the right to adopt such laws and regulations as may be found
necessary to protect the revenue and prevent fraud in the declarations and
proof that the articles enumerated in my note of January 3 last, and whose
free admission is provided for by the tariff law therein cited, are the product
or manufacture of the islands of Cuba and Porto Rico, the laws and regula-
tions to be adopted to that end shall place no undue restrictions on the
importer, nor impose any additional charges therefor upon the articles
imported.
It is likewise understood that wheat-flour shall not share in the reduction
of duties specified in Schedule B attached to your note of the 12th instant,
which, on its exportation from the United States, may have been favored
with any tariff advantages in the nature of drawbacks.
It is agreed that a repertory shall be compiled before the present com-
mercial arrangement goes into force, under the joint supervision of the De-
partment of State and the Spanish Legation in Washington, to regulate the
better application of the said schedules in the custom-houses of Cuba and
Porto Rico upon the basis stated in your note.
It is also agreed that, when this definitive commercial arrangement goes
into effect, the transitory arrangement to be put in operation September 1
next shall terminate and be of no further force.
I have, therefore, to request that you will call at the Department of State
at your early convenience to agree upon the time and manner of making
public announcement of this definitive commercial arrangement, which, it
is understood, shall remain in force so long as it shall not be modified by
the mutual agreement of the Executive Power of the two countries, always
reserving the respective right of the Congress of the United States and of
the Cortes of Spain to modify or repeal said arrangement whenever they
may think proper.
In conclusion, I am directed by the President to state that the suggestion
contained in your note respecting tobacco shall have his careful consideration,
and that it shall be made the subject of a separate note.
I improve the opportunity to offer to you, Sir, the renewed assurances of
my highest consideration.
James G. Blaine
Senor Don Miguel Suarez Guanes
Etc., etc., etc.
COMMERCIAL RELATIONS WITH RESPECT TO
CUBA AND PUERTO RICO
Exchange of notes at Madrid January 10 and 11, 1895
Entered into force January 11, 1895
Terminated April 14, 1903, by treaty of July 3, 1902 1
1894 For. Rel. 632
The Minister of State to the American Minister
[translation]
Ministry of State
Palace, January 10, 1895
Excellency:
I have had the honor to receive your note of the 7th instant, in which you
were pleased to communicate to me the favorable reception which the Gov-
ernment of the United States has given to the propositions of that of His
Majesty for the execution of a modus vivendi which may regulate the com-
mercial relations between the islands of Cuba and Puerto Rico and the
United States until such time as a definitive treaty of commerce may be
concluded.
In accordance, therefore, with the declarations made to you and ac-
cepted by your Government, I have the honor to inform you that that of
His Majesty is disposed to apply to the products of the United States in the
islands of Cuba and Puerto Rico the duties of the second column of the
tariff now in force as long as the Government of the Union concedes to the
products of said islands the most-favored-nation treatment, it being under-
stood that in no case shall American products in Cuba and Puerto Rico or
Spanish products in the United States be subjected to a differential treat-
ment in respect to those of other countries.
This modus vivendi shall remain in force until the conclusion of a defini-
tive treaty between the parties interested, or until one of them shall give to
the other three months' notice of the date upon which it is desired to
terminate it.
1 TS 422, post, p. 628.
595
596 SPAIN
The Government of His Majesty will ask of the Cortes the legislative
authority necessary to put in vigor in the shortest time possible the provi-
sional arrangement agreed upon.
I improve this opportunity, etc.,
Alejandro Groizard
The American Minister to the Minister of State
Legation of the United States
Madrid, January 11, 1895
Excellency:
I have the honor to acknowledge the receipt of your note of the 10th in-
stant, in reply to mine of the 7 th instant, in which I took occasion to present
to you a telegram from my Government saying that the President, appreciat-
ing the friendly disposition manifested by your proposals, will refrain from
exercising the power of discrimination or exclusion against the products of
Cuba and Puerto Rico so long as Spain accords most-favored-nation treat-
ment to American products in those islands. In reply to my note you are
now good enough to reassure me that in consideration of such treatment by
my Government that of His Majesty will apply to American products only
the duties imposed by the second column of the tariff in force in Cuba and
Puerto Rico, that column being applied, as you have assured me, to all
nations which now receive from Spain in those islands the most-favored-
nation treatment.
The necessary meaning of this agreement, as you have correctly expressed
it not only in your note, but in your conversations with me, is that both na-
tions may make subsequent tariff changes without prejudice to the agree-
ment, provided [that] by such changes neither discriminates against the other.
In the event that either party desires to determine [terminate] the agree-
ment, three months' notice of such intention is to be given beforehand.
Hoping to be informed by you at a very early day of the consummation
of the necessary acts upon the part of the Cortes, I seize this opportunity
to renew, etc.
Hannis Taylor
COPYRIGHT
Exchange of notes at Washington July 6 and 15, 1895
Proclaimed by the President of the United States July 10, 1895
Entered into force July 10, 1895
Revived (after Spanish-American War) by agreement of January 29
and November 18 and 26, 1902 1
Treaty Series 342-A
The Spanish Minister to the Secretary of State
[translation]
Legation of Spain at Washington
Washington, July 6th, 1895
Mr. Secretary:
I have the honor to inform Your Excellency, in pursuance of express in-
structions from the Minister of State of H. M. the King of Spain, that
American citizens enjoy the same rights as Spanish subjects, in Spain and
her provinces and colonial possessions, in everything relating to intellectual
(i. e. artistic and literary) property.
I bring this fact to Your Excellency's notice in the hope that the President
will issue the orders referred to in the provisions of December 1st, 1893,
and in the acts of June 8th, 1874, March 3d, 1891 and May 2d, 1895.
I avail myself of this occasion to reiterate to Your Excellency the assur-
ances of my highest consideration.
E. Dupuy de Lome
Honorable Richard Olney
Secretary of State
of the United States, etc., etc., etc.
The Secretary of State to the Spanish Minister
Department of State
No. 20 Washington, July 15, 1895
Sir:
I have the honor to acknowledge the receipt of your note of the 6th in-
stant by which you announced in pursuance of instructions from your Gov-
1 TS 474, post, p. 639.
597
598 SPAIN
ernment that American citizens enjoy the same rights as Spanish subjects in
Spain and her provinces and colonial possessions in every thing relating to
intellectual (i. e. artistic and literary) property.
In reply I have the honor to enclose copies of the President's proclama-
tion 2 announcing that Spanish subjects are entitled to the benefits of the
Act of Congress of March 3, 1891, relating to copy right.
Accept, &c. &c.
Alvey A. Adee
Acting Secretary
Enclosure :
Three copies of proclamation of July 10, 1895.*
Sr. Don E. Dupuy de Lome
&c, &c, &c.
Not printed here.
NAVAL WARFARE
Circular dated May 13, 1898, with exchange of notes between the
United States and Switzerland April 23-May 10, 1898, and text
of articles VI-XV of the additional articles to the Geneva (Red
Cross) convention 1 adopted as a modus vivendi by the United
States and Spain
Entered into force May 13, 1898
Terminated April 11, 1899 2
Treaty Series 388
Circular
It is the desire and purpose of the United States in its conduct of war
to observe the most humane and enlightened principles in the treatment of
the sick, wounded, and dying. It recognizes the very great service rendered
to that end by the conference of Geneva, held in the year 1864, which framed
certain humane and expedient regulations for the care of the wounded and
sick in the field. These were embodied in the convention of August 22, 1864,
which has been ratified or adhered to by most of the civilized powers.
In 1868 a second international conference was held at Geneva, when
it was proposed that the regulations contained in the original articles con-
cerning military warfare be extended and adapted so far as practicable to war
at sea. Fifteen articles, known as the "additional articles of 1868," were pro-
posed, Articles VI to XV of which relate exclusively to marine warfare. In
the subsequent discussion of them, an amendment to Article IX was pro-
posed by France, and in correspondence between England and France,
Article X was interpreted and elucidated. These "additional articles," al-
1 Fifteen additional articles to the Red Cross convention of Aug. 22, 1864 (TS 377,
ante, vol. I, p. 7), were concluded at Geneva Oct. 20, 1868. They did not enter into
force, but they were included in the Senate's resolution of advice and consent (Mar. 16,
1882) to accession to the original convention and in the President's proclamation of
July 26, 1882.
"Date of entry into force of treaty of peace signed at Paris Dec. 10, 1898 (TS 343,
post, p. 615).
599
308-5S2— 73 40
600 SPAIN
though acceded to by the United States March 1, 1882, subject to promul-
gation after general exchange of ratifications, have never been formally
adopted or ratified by the powers. During the Franco-Prussian war, how-
ever, they were adopted as a modus vivendi between the belligerents.
Upon the breaking out of the present hostilities between the United States
and Spain, the United States at once commissioned the ambulance ship
Solace to accompany the Atlantic fleet as a noncombatant hospital ship,
to be employed solely to render aid to the sick, wounded, and dying, and to
observe in spirit the additional articles of the Geneva Conference.
On the 23d day of April, 1898, this Government was addressed by the
Swiss Minister at this capital proposing the formal adoption by this Gov-
ernment and by the Government of Spain of the additional articles, as a
modus vivendi, during the present hostilities with Spain. The United States
Government was readily disposed thereto, and on the 9th day of May sent
to the Swiss Minister notice of its adoption of the same as a modus vivendi.
It has this day been informed by the Swiss Minister of a like adoption thereof
by the Government of Spain.
For the more complete understanding of the position of the United States
with respect to such modus vivendi, the correspondence between the United
States and the Swiss Government and between the Departments of State and
Navy of this Government are printed hereinafter, and marked Exhibit A.
The additional articles, as amended in Article IX, and with memorandum
as to the interpretation given to Article X, together with a translation of the
full text of the French letter of interpretation of the 26th of February, 1 869,
are printed as Exhibit B.
William R. Day
Department of State
May 13, 1898
Exhibit A
The Swiss Minister to the Secretary of State
[translation]
Swiss Legation
Washington, April 23, 1898
Mr. Secretary of State:
War having been now unhappily declared between the United States and
Spain, my Government, in its capacity as the intermediary organ between
the signatory states of the convention of Geneva, has decided to propose to
the cabinets of Washington and Madrid to recognize and carry into execu-
tion, as a modus vivendi, during the whole duration of hostilities, the addi-
tional articles proposed by the international conference which met at Geneva
NAVAL WARFARE— MAY 13, 1898 601
on October 20, 1868, to the convention of Geneva of August 22, 1864,
which (additional articles) extend the effects of that convention to naval
wars. Although it has as yet been impossible to convert the said draft of
additional articles into a treaty, still, in 1870, Germany and France, at
the suggestion of the Swiss Federal Council, consented to apply the addi-
tional articles, as a modus vivendi, during the whole duration of hostilities.
The Federal Council proposes the additional articles as they have been
amended at the request of France and construed by that power and Great
Britain.
My Government, while instructing me to make this proposition to Your
Excellency, recall the fact that, on March 1, 1882, the President of the United
States declared that he acceded, not only to the Geneva Convention of
August 22, 1864, but also to the additional articles of October 20, 1868.
The Spanish Government, likewise, in 1872, declared itself ready to adhere
to these articles. The Federal Council, therefore, hopes that the two Govern-
ments will agree to adopt the measure, the object of which is to secure the
application on the seas of the humane principles laid down in the Geneva
Convention.
With the confident expectation of a favorable reply from the United
States Government to this proposal, I avail myself, etc.,
J. B. PlODA
The Secretary of State to the Swiss Minister
Department of State
Washington, April 25, 1898
Sir:
I have the honor to acknowledge the receipt of your note of the 23d
instant, whereby, in view of the condition of war existing between the United
States and Spain, you communicate the purpose of your Government to
propose to the cabinets of Washington and Madrid that they recognize and
carry into execution, as a modus vivendi, during the whole duration of hos-
tilities, the additional articles proposed by the International Conference of
Geneva, under date of October 20, 1868, for the purpose of extending to
naval wars the effects of the convention of Geneva of August 22, 1864, for
the succor of the wounded in armies in the field.
As you note in the communication to which I have the honor to reply,
the United States, through the act of the President, did on the 1st day of
March, 1882, accede to the said additional articles of October 20, 1868,
at the same time that it acceded to the original convention of Geneva of
August 22, 1864; but, as is recited in the President's proclamation of July 26,
1882, a copy of which I enclose herewith,3 the exchange of the ratifica-
' Not printed here.
602 SPAIN
tions of the aforesaid additional articles of October 20, 1868, had not then
(nor has since) taken place between the contracting parties, so that the
promulgation of the accession of the United States to the said additional
articles was (and still remains) reserved until the exchange of the ratifica-
tions thereof between the several contracting states shall have been effected
and the said additional articles shall have acquired full force and effect as
an international treaty.
I find, upon examination of the published correspondence which took
place in 1870 at the time of the war between France and North Germany
(British and Foreign State Papers, vol. 60, pp. 945-946), that upon the
initiative of the Prussian Minister at Berne, followed by the proposal made
by the Government of the Swiss Confederation to the French and North
German Governments, the then belligerents severally notified to the Gov-
ernment of Switzerland their willingness to accept provisionally and at once
to establish as a modus vivendi applicable to the war then in progress,
both by sea and land, all the additional articles to the convention of Geneva
of October 20, 1868, together with the subsequent interpretations of the
ninth and tenth articles thereof agreed upon and proposed by England and
France. I understand from your note that, although those articles have not
as yet become a matter of international convention, it is desired that the
United States and Spain accede to the same, together with the same amend-
ments and construction as above stated. I entertain no doubt that the United
States will readily lend its support and approval to the general purpose of
those articles and be in favor of adopting them as a modus vivendi; it has
ever been in favor of proper regulations for the mitigation of the hardships
of war. But before it can accede to them as a matter of fact, in the present
instance, it must first fully understand the nature and text of the amend-
ments and construction placed upon the articles by France and England as
stated by you.
I would respectfully suggest, therefore, that there be furnished to this
Government either the text or a clear exposition of the articles, with the
amendments and constructions referred to, in order that the understanding
may be complete. A certain pamphlet, written by Lieut. Col. Poland in
1886, is said to contain these amendments and constructions, but there is
not now accessible to the Department of State a copy of such pamphlet or
other reliable means of information on the subject. I shall await with pleasure
fuller and exact information from you of the terms to which we are asked to
accede.
Accept, etc.,
John Sherman
NAVAL WARFARE— MAY 13, 1898 603
The Swiss Minister to the Secretary of State
[translation]
Legation of Switzerland
in the United States
Washington, D. C, May 4, 1898
Mr. Secretary of State:
I have had the honor to receive the note which your honorable predecessor
did me the favor of addressing to me under the date of the 25th of April, in
reply to mine of the 23d of the same month, upon the subject of the
proposition of my Government to the cabinets of Washington and Madrid
to adopt as a modus vivendi, pending the entire duration of the war, the
articles of the 20th of October, 1868, additional to those of the convention
of Geneva of the 22d of August, 1 864.
The documents which, in the aforesaid note of your predecessor, were
desired and which, as I have had the opportunity of telling you verbally,
my Government had sent at the same time that it instructed me by cable
to make the overtures on the subject, have just arrived, and I enclose them
herein in duplicate copies. They confirm the text of the additional articles,
the modification of Article IX proposed by France and the notes exchanged
between England and France concerning the import of Article X. The
Spanish Government having, by note of its Legation of the 7 th of September,
1872, also declared that it was ready to adhere to the articles in question,
the Federal Council hopes that the Governments of America and Spain,
appreciating the sentiments which have guided it in its course, will be of
accord in adopting as a modus vivendi a measure which has for its purpose
the securing of the application upon the sea of the humanitarian principles
consecrated by the Geneva Convention.
Awaiting your communication to me of the decision which the Govern-
ment of the United States shall see fit to take in regard to this proposition,
I offer you, Mr. Secretary of State, the expression of my very highest
consideration.
J. B. PlODA
The Acting Secretary of State to the Secretary of the Navy
Department of State
Washington, May 4, 1898
The Honorable
The Secretary of the Navy
Sir:
I have the honor to enclose herewith copy of the below-mentioned corre-
spondence and papers touching the proposition of the Government of Swit-
zerland, in its capacity as the intermediary organ between the signatory
states to the convention of Geneva, that the cabinets of Washington and
604 SPAIN
Madrid recognize and carry into execution, as a modus vivendi, during the
duration of hostilities, the additional articles proposed by the International
Conference of Geneva, under date of October 20, 1868, for the purpose of
extending to naval warfare the effects of the Convention of Geneva of Au-
gust 22, 1 864, for the succor of the wounded in armies in the field.
While these additional articles have never been promulgated by the
United States, the fitting out and equipping of the Solace, referred to in
your Department's General Order No. 487, as an ambulance ship for naval
service under the terms of the Geneva Convention, is in the direction of their
observance, and I submit the proposition of the Swiss Government that they
may be recognized and carried into execution as a modus vivendi as de-
serving of your early attention.
Respectfully yours, J. B. Moore
Acting Secretary
The Secretary of the Navy to the Secretary of State
Navy Department
Washington, May 7, 1898
The Honorable
The Secretary of State
Sir:
I have the honor to return herewith enclosures transmitted with your letter
of May 4, 1898, referring to the additional articles proposed by the Inter-
national Conference of Geneva.
Referring to the endorsement of the Surgeon-General of the Navy, a copy
of which is herewith enclosed, I would recommend that steps be forthwith
taken with the Government of the Swiss Confederation to make the proposed
modus vivendi effective during the continuance of the present war between
the United States and Spain. For its part, the Government of the United
States will observe the conditions of the modus vivendi in the Department of
the Navy.
I have, etc.,
John D. Long
Secretary
[second endorsement]
Bureau of Medicine and Surgery
Department of the Navy
May 6, 1898
subject:
State Department, 4th May, 1898, modus vivendi, ambulance ship Solace, General
Order No. 487.
Noted, and respectfully returned to Department. As the ambulance ship Solace has been
NAVAL WARFARE— MAY 13, 1898 605
fitted and equipped under the terms of the Geneva Convention, it is earnestly requested
that the Department recommend the recognition and carrying into execution as a modus
vivendi during the duration of hostilities the additional articles referred to.
The Solace is the first government vessel of any nation fitted and equipped under these
terms, and it is due to the United States that her status should receive international
recognition.
W. K. Van Reypen
Surgeon-General, U.S.N.
General Order No. 487
Navy Department
Washington, April 27, 1898
The Solace having been fitted and equipped by the Department as an ambulance ship
for the naval service under the terms of the Geneva Convention is about to be assigned
to service.
The Geneva Cross flag will be carried at the fore whenever the national flag is flown.
The neutrality of the vessel will, under no circumstances, be changed, nor will any
changes be made in her equipment without the authority of the Secretary of the Navy.
No guns, ammunition, or articles contraband of war, except coal or stores necessary for
the movement of the vessel, shall be placed on board ; nor shall the vessel be used as a
transport for the carrying of despatches, or officers or men not sick or disabled, other
than those belonging to the medical department.
Information as to the special work for which the Solace is intended will be communi-
cated to the commander in chief of the squadron by the Department.
John D. Long
Secretary
The Secretary of State to the Swiss Minister
Department of State
Washington, May 9, 1898
Sir:
Upon receiving your note of the 4th instant, in reply to mine of the 25th
of April, concerning the proposition of the Government of the Swiss Confed-
eration that the United States and Spain adopt as a modus vivendi, pending
the entire duration of the war, the articles of October 20, 1868, additional
to those of the convention of Geneva of August 22, 1864, I communicated
all the papers in the case to the Secretary of the Navy, calling his attention to
the form of the modus vivendi adopted during the Franco-German war,
which your Government was pleased to suggest as a precedent to be followed
during the existing war. The printed paper you enclose, besides giving the text
of the original additional articles of October 20, 1868, contains the cor-
respondence had in 1868 and 1869 concerning the interpretation of Articles
IX and X of the said additional convention, and thus establishes the precise
nature of the understanding to which France and the North German States
respectively acceded.
As so expressed, the Government of the United States finds no difficulty
606 SPAIN
in acceding to the suggestion of the Government of Switzerland. It had,
in fact, anticipated it, so far as concerns its own conduct of hostilities and its
own purpose to observe the humane dictates of modern civilization in the
prosecution of warfare upon the sea as well as upon land by fitting out and
equipping a special ambulance ship, the Solace, in conformity with the terms
of the additional convention aforesaid, thus confirming emphatically its
adhesion to the principles of that beneficent arrangement without regard to
the absence of its formal ratification by the various signatories.
I am happy, therefore, to advise you, and through you the Government
of the Swiss Confederation, that the Government of the United States will
for its part, and so long as the present war between this country and Spain
shall last, treat as an effective modus vivendi the fourteen additional articles
of October 20, 1868, with the interpretations of the ninth and tenth articles
thereof appearing in the publication you communicate to me. While it is
proper to adopt this course on its own account, and without reference to such
action as Spain may take, this Government would nevertheless be glad to
hear that the representations made by your Government to that of Spain had
met with a favorable response in order that the two parties to the present
contest may stand pledged to the same humane and enlightened conduct of
naval operations as respects the sick and wounded as was recognized and
adopted by the respective parties to the Franco- Prussian war.
Should the Government of Spain likewise accede to the Swiss proposition,
I should be much gratified to be apprised of the fact, and also that the
Spanish accession contemplates acceptance of the interpretations of Articles IX
and X which were adopted by France and the North German States and
which are embraced in the proposition of your Government.
Accept, etc., William R. Day
The Swiss Minister to the Secretary of State
[translation]
Swiss Legation in the United States
Washington, D.C., May 9, 1898
Mr. Secretary of State:
As I had the honor verbally to inform the Assistant Secretary of State this
morning, my Government has charged me to bring to the knowledge of Your
Excellency that the Spanish Government has accepted the proposition of
the Federal Council concerning the additional articles of the Geneva
Convention.
I doubt not that Your Excellency will be pleased very soon to enable me
to announce to the Federal Council that the Government of the Union also
NAVAL WARFARE— MAY 13, 1898 607
adheres for its part to the proposed modus vivendi, and in this expectation I
offer to Your Excellency the expression of my very high consideration.
J. B. Pioda
The Secretary of State to the Swiss Minister
Department of State
Washington, May 10, 1898
Sir:
I have the honor to acknowledge the receipt of your note of May 9,
formally notifying me that the Spanish Government has accepted the prop-
osition of the Federal Council concerning the additional articles of the
Geneva Convention, and expressing the hope that you would soon be enabled
to inform your Government that the United States Government adheres
for its part to the proposed modus vivendi.
As you were advised in the verbal interview with the Second Assistant
Secretary of State, to which you refer in your note of the 9th, I have already
had the pleasure of informing you, by my official note of that date that the
United States Government would for its part treat as an effective modus
vivendi the additional articles of 1 868, with the amendments and interpreta-
tions of Articles IX and X thereof appearing in the publication communi-
cated to me by you. I trust that that note, which apparently had not reached
your hands at the time of your note to me of the same date, has now been
received by you and its contents transmitted to the Federal Council.
Be pleased to accept, etc.,
William R. Day
Exhibit B
Additional Articles of October 20, 1868, VI to XV
ARTICLES CONCERNING THE MARINE
Art. VI. The boats which, at their own risk and peril, during and
after an engagement pick up the shipwrecked or wounded, or which, having
picked them up, convey them on board a neutral or hospital ship, shall
enjoy, until the accomplishment of their mission, the character of neutrality,
as far as the circumstances of the engagement and the position of the ships
engaged will permit.
The appreciation of these circumstances is entrusted to the humanity
of all the combatants. The wrecked and wounded thus picked up and saved
must not serve again during the continuance of the war.
Art. VII. The religious, medical, and hospital staff of any captured
vessel are declared neutral, and, on leaving the ship, may remove the articles
and surgical instruments which are their private property.
608 SPAIN
Art. VIII. The staff designated in the preceding article must continue
to fulfill their functions in the captured ship, assisting in the removal of the
wounded made by the victorious party ; they will then be at liberty to return
to their country, in conformity with the second paragraph of the first addi-
tional article.4
The stipulations of the second additional article 5 are applicable to the
pay and allowance of the staff.
Art. IX. The military hospital ships remain under martial law in all that
concerns their stores ; they become the property of the captor, but the latter
must not divert them from their special appropriation during the con-
tinuance of the war.
[The vessels not equipped for fighting, which, during peace, the Govern-
ment shall have officially declared to be intended to serve as floating hospital
ships, shall, however, enjoy during the war complete neutrality, both as
regards stores, and also as regards their staff, provided their equipment is
exclusively appropriated to the special service on which they are employed.]
Art. X. Any merchantman, to whatever nation she may belong,
charged exclusively with removal of sick and wounded, is protected by
neutrality, but the mere fact, noted on the ship's books, of the vessel having
been visited by an enemy's cruiser, renders the sick and wounded incapable
of serving during the continuance of the war. The cruiser shall even have
the right of putting on board an officer in order to accompany the convoy,
and thus verify the good faith of the operation.
If the merchant ship also carries a cargo, her neutrality will still protect
it, provided that such cargo is not of a nature to be confiscated by the
belligerent.
The belligerents retain the right to interdict neutralized vessels from all
communication, and from any course which they may deem prejudicial to
the secrecy of their operations. In urgent cases special conventions may be
entered into between commanders in chief, in order to neutralize temporarily
and in a special manner the vessels intended for the removal of the sick and
wounded.
Art. XI. Wounded or sick sailors and soldiers, when embarked, to
whatever nation they may belong, shall be protected and taken care of by
their captors.
4 Art. I. The persons designated in Article II of the convention shall, after the
occupation by the enemy, continue to fulfill their duties, according to their wants, to the
sick and wounded in the ambulance or the hospital which they serve. When they request
to withdraw, the commander of the occupying troops shall fix the time of departure,
which he shall only be allowed to delay for a short time in case of military necessity.
6 Art. II. Arrangements will have to be made by the belligerent powers to ensure to
the neutralized person, fallen into the hands of the army of the enemy, the entire enjoy-
ment of his salary.
NAVAL WARFARE— MAY 13, 1898 609
Their return to their own country is subject to the provisions of Article
VI of the convention and of the additional Article V.G
Art. XII. The distinctive flag to be used with the national flag, in order
to indicate any vessel or boat which may claim the benefits of neutrality, in
virtue of the principles of this convention, is a white flag with a red cross.
The belligerents may exercise in this respect any mode of verification which
they may deem necessary.
Military hospital ships shall be distinguished by being painted white
outside, with green strake.
Art. XIII. The hospital ships which are equipped at the expense of
the aid societies, recognized by the governments signing this convention,
and which are furnished with a commission emanating from the sovereign,
who shall have given express authority for their being fitted out, and with a
certificate from the proper naval authority that they have been placed under
his control during their fitting out and on their final departure, and that
they were then appropriated solely to the purpose of their mission, shall be
considered neutral, as well as the whole of their staff. They shall be recog-
nized and protected by the belligerents.
They shall make themselves known by hoisting, together with their na-
tional flag, the white flag with a red cross. The distinctive mark of their
staff, while performing their duties, shall be an armlet of the same colors.
The outer painting of these hospital ships shall be white, with red strake.
These ships shall bear aid and assistance to the wounded and wrecked
belligerents, without distinction of nationality.
They must take care not to interfere in any way with the movements of
the combatants. During and after the battle they must do their duty at their
own risk and peril.
The belligerents shall have the right of controlling and visiting them;
they will be at liberty to refuse their assistance, to order them to depart, and
to detain them if the exigencies of the case require such a step.
The wounded and wrecked picked up by these ships can not be reclaimed
by either of the combatants, and they will be required not to serve during
the continuance of the war.
Art. XIV. In naval wars any strong presumption that either belligerent
takes advantage of the benefits of neutrality, with any other view than the
interest of the sick and wounded, gives to the other belligerent, until proof
to the contrary, the right of suspending the convention as regards such
belligerent.
Should this presumption become a certainty, notice may be given to such
"Art. V. In addition to Article VI of the convention, it is stipulated that, with the
reservation of officers whose detention might be important to the fate of arms and within
the limits fixed by the second paragraph of that article, the wounded fallen into the hands
of the enemy shall be sent back to their country after they arc cured, or sooner if possible,
on condition, nevertheless, of not again bearing arms during the continuance of the war.
610 SPAIN
belligerent that the convention is suspended with regard to him during the
whole continuance of the war.
Art. XV. The present act shall be drawn up in a single original copy,
which shall be deposited in the archives of the Swiss Confederation.
An authentic copy of this act shall be delivered, with an invitation to
adhere to it, to each of the signatory powers of the convention of the 2 2d of
August, 1864, as well as to those that have successively acceded to it.
In faith whereof, the undersigned commissaries have drawn up the present
project of additional articles and have apposed thereunto the seals of their
arms.
[Done at Geneva, the twentieth day of the month of October, of the year
one thousand eight hundred and sixty-eight.]
Note
(a) The amendment proposed by France is contained in brackets after
Article IX.
( b ) The interpretation placed upon Article X by England and France is
to the following effect :
The question being raised as to whether, under Article X, a vessel might
not avail herself of the carrying of sick or wounded to engage with impunity
in traffic otherwise hazardous under the rules of war, it was agreed that there
was no purpose in the articles to modify in any particular the generally ad-
mitted principles concerning the rights of belligerents ; that the performance
of such services of humanity could not be used as a cover either for contra-
band of war or for enemy merchandise; and that every boat which or whose
cargo would, under ordinary circumstances, be subject to confiscation can
not be relieved therefrom by the sole fact of carrying sick and wounded.
Question being raised as to whether, under Article X, an absolute right
was afforded to a blockaded party to freely remove its sick and wounded from
a blockaded town, it was agreed that such removal or evacuation of sick and
wounded was entirely subject to the consent of the blockading party. It should
be permitted for humanity's sake where the superior exigencies of war may
not intervene to prevent, but the besieging party might refuse permission
entirely.
The full text of the French interpretation of Article X is subjoined.
Note touching the interpretation of Article X additional to the convention
of Geneva
[translation]
The second paragraph of the additional Article X reads thus: "If the
merchant ship also carries a cargo, her neutrality will still protect it, pro-
vided that such cargo is not of a nature to be confiscated by the belligerent."
NAVAL WARFARE— MAY 13, 1898 611
The words "of a nature to be confiscated by the belligerent" apply equally
to the nationality of the merchandise and to its quality.
Thus, according to the latest international conventions, the merchandise
of a nature to be confiscated by a cruiser are :
First. Contraband of war under whatever flag.
Second. Enemy merchandise under enemy flag.
The cruiser need not recognize the neutrality of the vessel carrying
wounded if any part of its cargo shall, under international law, be com-
prised in either of these two categories of goods.
The faculty given by the paragraph in question to leave on board of
vessels carrying wounded a portion of the cargo is to be considered as a
facility for the carriage of freight, as well as a valuable privilege in favor of
the navigability of merchant vessels if they be bad sailors when only in
ballast; but this faculty can in no wise prejudice the right of confiscation of
the cargo within the limits fixed by international law.
Every ship the cargo of which would be subject to confiscation by the
cruiser under ordinary circumstances is not susceptible of being covered by
neutrality by the sole fact of carrying in addition sick or wounded men. The
ship and the cargo would then come under the common law of war, which
has not been modified by the convention except in favor of the vessel ex-
clusively laden with wounded men, or the cargo of which would not be sub-
ject to confiscation in any case. Thus, for example, the merchant ship of a
belligerent laden with neutral merchandise and at the same time carrying
sick and wounded is covered by neutrality.
The merchant ship of a belligerent carrying, besides wounded and sick
men, goods of the enemy of the cruiser's nation or contraband of war is not
neutral, and the ship, as well as the cargo, comes under the common law
of war.
A neutral ship carrying, in addition to wounded and sick men of the
belligerent, contraband of war also is subject to the common law of war.
A neutral ship carrying goods of any nationality, but not contraband of
war, lends its own neutrality to the wounded and sick which it may carry.
In so far as concerns the usage which expressly prohibits a cartel ship from
engaging in any commerce whatsoever at the point of arrival, it is deemed
that there is no occasion to specially subject to that inhibition vessels earn-
ing wounded men, because the second paragraph of Article X imposes upon
the belligerents, equally as upon neutrals, the exclusion of the transportation
of merchandise subject to confiscation.
Moreover, if one of the belligerents should abuse the privilege which is
accorded to him, and under the pretext of transporting the wounded should
neutralize under its flag an important commercial intercourse which might in
a notorious manner influence the chances or the duration of the war, Article
XIV of the convention could justly be invoked by the other belligerent.
612 SPAIN
As for the second point of the note of the British Government, relative
to the privilege of effectively removing from a city, besieged and block-
aded by sea, under the cover of neutrality, vessels bearing wounded and sick
men, in such a way as to prolong the resistance of the besieged, the conven-
tion does not authorize this privilege. In according the benefits of a neutral
status of a specifically limited neutrality to vessels carrying wounded, the con-
vention could not give them rights superior to those of other neutrals who
can not pass an effective blockade without special authorization. Humanity,
however, in such a case, does not lose all its rights, and, if circumstances
permit the besieging party to relax the rigorous rights of the blockade, the
besieged party may make propositions to that end in virtue of the fourth
[third] paragraph of Article X.
BASIS FOR ESTABLISHMENT OF PEACE
Protocol signed at Washington August 12, 1898
Entered into force August 12, 1898
Terminated April 1 1, 1899 1
30 Stat. 1742; Treaty Series 343 /2
Protocol
William R. Day, Secretary of State of the United States, and His Ex-
cellency Jules Cambon, Ambassador Extraordinary and Plenipotentiary of
the Republic of France at Washington, respectively possessing for this pur-
pose full authority from the Government of the United States and the Gov-
ernment of Spain, have concluded and signed the following articles,
embodying the terms on which the two Governments have agreed in respect
to the matters hereinafter set forth, having in view the establishment of
peace between the two countries, that is to say :
Article I
Spain will relinquish all claim of sovereignty over and title to Cuba.
Article II
Spain will cede to the United States the island of Porto Rico and other
islands now under Spanish sovereignty in the West Indies, and also an island
in the Ladrones to be selected by the United States.
Article III
The United States will occupy and hold the city, bay and harbor of
Manila, pending the conclusion of a treaty of peace which shall determine
the control, disposition and government of the Philippines.
Article IV
Spain will immediately evacuate Cuba, Porto Rico and other islands now
under Spanish sovereignty in the West Indies; and to this end each Gov-
ernment will, within ten days after the signing of this protocol, appoint Com-
pare of entry into force of treaty of peace signed at Paris Dec. 10, 1898 (TS 343,
post, p. 615).
613
614 SPAIN
missioners, and the Commissioners so appointed shall, within thirty days
after the signing of this protocol, meet at Havana for the purpose of arrang-
ing and carrying out the details of the aforesaid evacuation of Cuba and the
adjacent Spanish islands; and each Government will, within ten days after
the signing of this protocol, also appoint other Commissioners, who shall,
within thirty days after the signing of this protocol, meet at San Juan, in
Porto Rico, for the purpose of arranging and carrying out the details of the
aforesaid evacuation of Porto Rico and other islands now under Spanish
sovereignty in the West Indies.
Article V
The United States and Spain will each appoint not more than five com-
missioners to treat of peace, and the commissioners so appointed shall meet
at Paris not later than October 1, 1898, and proceed to the negotiation and
conclusion of a treaty of peace, which treaty shall be subject to ratification
according to the respective constitutional forms of the two countries.
Article VI
Upon the conclusion and signing of this protocol, hostilities between the
two countries shall be suspended, and notice to that effect shall be given as
soon as possible by each Government to the commanders of its military and
naval forces.
Done at Washington in duplicate, in English and in French, by the
Undersigned, who have hereunto set their hands and seals, the 12th day of
August 1898.
William R. Day [seal]
Jules Cambon [seal]
'&»
TREATY OF PEACE (TREATY OF PARIS)
Signed at Paris December 10, 1898
Senate advice and consent to ratification February 6, 1899
Ratified by the President of the United States February 6, 1899
Ratified by Spain March 19, 1899
Ratifications exchanged at Washington April 11, 1899
Entered into force April 11, 1899
Proclaimed by the President of the United States April 11, 1899
Article IX amended by protocol of March 29, 1900 1
Article III supplemented by convention of November 7, 1900 2
30 Stat. 1754; Treaty Series 343
The United States of America and Her Majesty the Queen Regent of
Spain, in the name of her August Son Don Alfonso XIII, desiring to end the
state of war now existing between the two countries, have for that purpose
appointed as Plenipotentiaries:
The President of the United States,
William R. Day, Cushman K. Davis, William P. Frye, George Gray, and
Whitelaw Reid, citizens of the United States;
and Her Majesty the Queen Regent of Spain,
Don Eugenio Montero Rios, President of the Senate,
Don Buenaventura de Abarzuza, Senator of the Kingdom and ex-Minister
of the Crown,
Don Jose de Garnica, Deputy to the Cortes and Associate Justice of the
Supreme Court,
Don Wenceslao Ramirez de Villa-Urrutia, Envoy Extraordinary and
Minister Plenipotentiary at Brussels, and
Don Rafael Cerero, General of Division;
Who, having assembled in Paris, and having exchanged their full powers,
which were found to be in due and proper form, have, after discussion of the
matters before them, agreed upon the following articles :
1 TS 344, post, p. 622.
8 TS 345, /><»«, p. 623.
615
616 SPAIN
Article I
Spain relinquishes all claim of sovereignty over and title to Cuba.
And as the island is, upon its evacuation by Spain, to be occupied by the
United States, the United States will, so long as such occupation shall last,
assume and discharge the obligations that may under international law re-
sult from the fact of its occupation, for the protection of life and property.
Article II
Spain cedes to the United States the island of Porto Rico and other islands
now under Spanish sovereignty in the West Indies, and the island of Guam
in the Marianas or Ladrones.
Article III 3
Spain cedes to the United States the archipelago known as the Philippine
Islands, and comprehending the islands lying within the following line :
A line running from west to east along or near the twentieth parallel of
north latitude, and through the middle of the navigable channel of Bachi,
from the one hundred and eighteenth ( 1 18th) to the one hundred and twenty
seventh (127th) degree meridian of longitude east of Greenwich, thence
along the one hundred and twenty seventh (127th) degree meridian of longi-
tude east of Greenwich to the parallel of four degrees and forty five minutes
(4° 45') north latitude, thence along the parallel of four degrees and forty
five minutes (4° 45') north latitude to its intersection with the meridian of
longitude one hundred and nineteen degrees and thirty-five minutes (119°
35') east of Greenwich, thence along the meridian of longitude one hundred
and nineteen degrees and thirty five minutes (119° 35') east of Greenwich
to the parallel of latitude seven degrees and forty minutes (7° 40') north,
thence along the parallel of latitude seven degrees and forty minutes (7° 40')
north to its intersection with the one hundred and sixteenth (116th) degree
meridian of longitude east of Greenwich, thence by a direct line to the inter-
section of the tenth (10th) degree parallel of north latitude with the one
hundred and eighteenth (118th) degree meridian of longitude east of
Greenwich, and thence along the one hundred and eighteenth (118th) de-
gree meridian of longitude east of Greenwich to the point of beginning.
The United States will pay to Spain the sum of twenty million dollars
($20,000,000) within three months after the exchange of the ratifications
of the present treaty.
Article IV
The United States will, for the term of ten years from the date of the
exchange of the ratifications of the present treaty, admit Spanish ships and
'For a supplement to art. Ill, see convention of Nov. 7, 1900 (TS 345), post, p. 623.
TREATY OF PEACE— DECEMBER 10, 1898 617
merchandise to the ports of the Philippine Islands on the same terms as ships
and merchandise of the United States.
Article V
The United States will, upon the signature of the present treaty, send back
to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on
the capture of Manila by the American forces. The arms of the soldiers in
question shall be restored to them.
Spain will, upon the exchange of the ratifications of the present treaty,
proceed to evacuate the Philippines, as well as the island of Guam, on terms
similar to those agreed upon by the Commissioners appointed to arrange for
the evacuation of Porto Rico and other islands in the West Indies, under the
Protocol of August 12, 1898,4 which is to continue in force until its provisions
are completely executed.
The time within which the evacuation of the Philippine Islands and Guam
shall be completed shall be fixed by the two Governments. Stands of colors,
uncaptured war vessels, small arms, guns of all calibres, with their carriages
and accessories, powder, ammunition, livestock, and materials and supplies
of all kinds, belonging to the land and naval forces of Spain in the Philip-
pines and Guam, remain the property of Spain. Pieces of heavy ordnance,
exclusive of field artillery, in the fortifications and coast defences, shall re-
main in their emplacements for the term of six months, to be reckoned from
the exchange of ratifications of the treaty; and the United States may, in
the mean time, purchase such material from Spain, if a satisfactory agree-
ment between the two Governments on the subject shall be reached.
Article VI
Spain will, upon the signature of the present treaty, release all prisoners
of war, and all persons detained or imprisoned for political offences, in con-
nection with the insurrections in Cuba and the Philippines and the war with
the United States.
Reciprocally, the United States will release all persons made prisoners of
war by the American forces, and will undertake to obtain the release of all
Spanish prisoners in the hands of the insurgents in Cuba and the Philippines.
The Government of the United States will at its own cost return to Spain
and the Government of Spain will at its own cost return to the United States,
Cuba, Porto Rico, and the Philippines, according to the situation of their
respective homes, prisoners released or caused to be released by them, re-
spectively, under this article.
4TS343I/2,flw<«, p. 613.
618 SPAIN
Article VII
The United States and Spain mutually relinquish all claims for indemnity,
national and individual of every kind, of either Government, or of its citizens
or subjects, against the other Government, that may have arisen since the
beginning of the late insurrection in Cuba and prior to the exchange of
ratifications of the present treaty, including all claims for indemnity for the
cost of the war.
The United States will adjudicate and settle the claims of its citizens
against Spain relinquished in this article.
Article VIII
In conformity with the provisions of Articles I, II, and III of this treaty,
Spain relinquishes in Cuba, and cedes in Porto Rico and other islands in the
West Indies, in the island of Guam, and in the Philippine Archipelago, all
the buildings, wharves, barracks, forts, structures, public highways and other
immovable property which, in conformity with law, belong to the public
domain, and as such belong to the Crown of Spain.
And it is hereby declared that the relinquishment or cession, as the case
may be, to which the preceding paragraph refers, cannot in any respect
impair the property or rights which by law belong to the peaceful possession
of property of all kinds, of provinces, municipalities, public or private estab-
lishments, ecclesiastical or civic bodies, or any other associations having
legal capacity to acquire and possess property in the aforesaid territories
renounced or ceded, or of private individuals, of whatsoever nationality such
individuals may be.
The aforesaid relinquishment or cession, as the case may be, includes all
documents exclusively referring to the sovereignty relinquished or ceded that
may exist in the archives of the Peninsula. Where any document in such
archives only in part relates to said sovereignty, a copy of such part will be
furnished whenever it shall be requested. Like rules shall be reciprocally
observed in favor of Spain in respect of documents in the archives of the
islands above referred to.
In the aforesaid relinquishment or cession, as the case may be, are also
included such rights as the Crown of Spain and its authorities possess in
respect of the official archives and records, executive as well as judicial, in the
islands above referred to, which relate to said islands or the rights and
property of their inhabitants. Such archives and records shall be carefully
preserved, and private persons shall without distinction have the right to
require, in accordance with law, authenticated copies of the contracts, wills
and other instruments forming part of notarial protocols or files, or which
may be contained in the executive or judicial archives, be the latter in Spain
or in the islands aforesaid.
TREATY OF PEACE— DECEMBER 10, 1898 619
Article IX
Spanish subjects, natives of the Peninsula, residing in the territory over
which Spain by the present treaty relinquishes or cedes her sovereignty, may
remain in such territory or may remove therefrom, retaining in either event
all their rights of property, including the right to sell or dispose of such prop-
erty or of its proceeds; and they shall also have the right to carry on their
industry, commerce and professions, being subject in respect thereof to
such laws as are applicable to other foreigners. In case they remain in the
territory they may preserve their allegiance to the Crown of Spain by
making, before a court of record, within a year from the date of the exchange
of ratifications of this treaty,5 a declaration of their decision to preserve such
allegiance; in default of which declaration they shall be held to have
renounced it and to have adopted the nationality of the territory in which
they may reside.
The civil rights and political status of the native inhabitants of the terri-
tories hereby ceded to the United States shall be determined by the Congress.
Article X
The inhabitants of the territories over which Spain relinquishes or cedes
her sovereignty shall be secured in the free exercise of their religion.
Article XI
The Spaniards residing in the territories over which Spain by this treaty
cedes or relinquishes her sovereignty shall be subject in matters civil as well
as criminal to the jurisdiction of the courts of the country wherein they
reside, pursuant to the ordinary laws governing the same; and they shall have
the right to appear before such courts, and to pursue the same course as
citizens of the country to which the courts belong.
Article XII
Judicial proceedings pending at the time of the exchange of ratifications of
this treaty in the territories over which Spain relinquishes or cedes her
sovereignty shall be determined according to the following rules :
1 . Judgments rendered either in civil suits between private individuals, or
in criminal matters, before the date mentioned, and with respect to which
there is no recourse or right of review under the Spanish law, shall be deemed
to be final, and shall be executed in due form by competent authority in the
territory within which such judgments should be carried out.
2. Civil suits between private individuals which may on the date men-
tioned be undetermined shall be prosecuted to judgment before the court
"For an extension of time for declaration of intention to retain Spanish nationality
see protocol of Mar. 29, 1900 (TS 344), post, p. 622.
620 SPAIN
in which they may then be pending or in the court that may be substituted
therefor.
3. Criminal actions pending on the date mentioned before the Supreme
Court of Spain against citizens of the territory which by this treaty ceases
to be Spanish shall continue under its jurisdiction until final judgment; but,
such judgment having been rendered, the execution thereof shall be com-
mitted to the competent authority of the place in which the case arose.
Article XIII
The rights of property secured by copyrights and patents acquired by
Spaniards in the Island of Cuba, and in Porto Rico, the Philippines and
other ceded territories, at the time of the exchange of the ratifications of
this treaty, shall continue to be respected. Spanish scientific, literary and
artistic works, not subversive of public order in the territories in question,
shall continue to be admitted free of duty into such territories, for the period
of ten years, to be reckoned from the date of the exchange of the ratifications
of this treaty.
Article XIV
Spain shall have the power to establish consular officers in the ports and
places of the territories, the sovereignty over which has been either relin-
quished or ceded by the present treaty.
Article XV
The Government of each country will, for the term of ten years, accord
to the merchant vessels of the other country the same treatment in respect of
all port charges, including entrance and clearance dues, light dues, and ton-
nage duties, as it accords to its own merchant vessels, not engaged in the
coastwise trade.
This article may at any time be terminated on six months' notice given by
either Government to the other.
Article XVI
It is understood that any obligations assumed in this treaty by the United
States with respect to Cuba are limited to the time of its occupancy thereof;
but it will upon the termination of such occupancy, advise any Government
established in the island to assume the same obligations.
Article XVII
The present treaty shall be ratified by the President of the United States,
by and with the advice and consent of the Senate thereof, and by Her
Majesty the Queen Regent of Spain ; and the ratifications shall be exchanged
at Washington within six months from the date hereof, or earlier if possible.
TREATY OF PEACE— DECEMBER 10, U
621
In faith whereof, we, the respective Plenipotentiaries, have signed this
treaty and have hereunto affixed our seals.
Done in duplicate at Paris, the tenth day of December, in the year of Our
Lord one thousand eight hundred and ninety eight.
William R. Day [seal]
Cushman K. Davis [seal]
Wm. P. Frye [seal]
Geo. Gray [seal]
Whitelaw Reid [seal]
eugenio montero rlos [seal]
B. de Abarzuza [seal]
J. de Garnica [seal]
W. R. de Villa Urrutia [seal]
Rafael Cerero [seal]
PHILIPPINES: EXTENSION OF TIME FOR
DECLARATION OF SPANISH NATIONALITY
Protocol signed at Washington March 29, 1900, amending article IX
of treaty of December 10, 1898
Senate advice and consent April 27, 1900
Proclaimed by the President of the United States April 28, 1900
Expired October 11, 1900
31 Stat. 1881 ; Treaty Series 344
Whereas by the ninth Article of the Treaty of Peace between the United
States of America and the Kingdom of Spain, signed at Paris on Decem-
ber 10, 1898,1 it was stipulated and agreed that Spanish subjects, natives of
the Peninsula, remaining in the territory over which Spain by Articles I and
II of the said treaty relinquished or ceded her sovereignty could preserve their
allegiance to the Crown of Spain by making before a court of record within
a year from the date of the exchange of ratifications of said treaty, a decla-
ration of their decision to preserve such allegiance;
And whereas the two High Contracting Parties are desirous of extending
the time within which such declaration may be made by Spanish subjects,
natives of the Peninsula, remaining in the Philippine Islands;
The undersigned Plenipotentiaries, in virtue of their full powers, have
agreed upon and concluded the following article :
Sole Article
The period fixed in Article IX of the Treaty of Peace between the United
States and Spain, signed at Paris on the tenth day of December, 1898, dur-
ing which Spanish subjects, natives of the Peninsula, may declare before a
court of record their intention to retain their Spanish nationality, is ex-
tended as to the Philippine Islands for six months beginning April 11, 1900.
In witness whereof, the respective Plenipotentiaries have signed the same
and have thereunto affixed their seals.
Done in duplicate at Washington the 29th day of March, in the year of
Our Lord one thousand nine hundred.
John Hay [seal]
Arcos [seal]
1TS343, ante, p. 615.
622
CESSION OF OUTLYING ISLANDS OF
PHILIPPINES
Convention signed at Washington November 7 , 1900, supplementing
article HI of treaty of December 10, 1898
Senate advice and consent to ratification January 22, 1901
Ratified by the President of the United States January 30, 1901
Ratified by Spain February 25, 1901
Ratifications exchanged at Washington March 23, 1901
Entered into force March 23, 1901
Proclaimed by the President of the United States March 23, 1901
31 Stat. 1942; Treaty Series 345
The United States of America and Her Majesty the Queen Regent of
Spain, in the name of Her August Son, Don Alfonso XIII, desiring to re-
move any ground of misunderstanding growing out of the interpretation of
Article III of the Treaty of Peace concluded between them at Paris the
tenth day of December, one thousand eight hundred and ninety eight,1
whereby Spain cedes to the United States the archipelago known as the
Philippine Islands and comprehending the islands lying within certain de-
scribed lines, and having resolved to conclude a Treaty to accomplish that
end, have for that purpose appointed as their respective plenipotentiaries:
The President of the United States, John Hay, Secretary of State of the
United States;
and Her Majesty the Queen Regent of Spain, the Duke de Arcos, Envoy
Extraordinary and Minister Plenipotentiary of Spain to the United States;
who, having met in the city of Washington and having exchanged their
full powers, which were found to be in due and proper form, have agreed
upon the following sole article :
Sole Article
Spain relinquishes to the United States all title and claim of title, which
she may have had at the time of the conclusion of the Treaty of Peace of
1TS343, ante,p. 615.
623
308 582—73 41
624 SPAIN
Paris, to any and all islands belonging to the Philippine Archipelago, lying
outside the lines described in Article III of that Treaty and particularly to
the islands of Cagayan Sulu and Sibutu and their dependencies, and agrees
that all such islands shall be comprehended in the cession of the Archipelago
as fully as if they had been expressly included within those lines.
The United States, in consideration of this relinquishment, will pay to
Spain the sum of one hundred thousand dollars ($100,000) within six
months after the exchange of the ratifications of the present Treaty.
The present Treaty shall be ratified by the President of the United States,
by and with the advice and consent of the Senate thereof, and by Her
Majesty the Queen Regent of Spain, after approval by the Cortes of the
Kingdom, and the ratifications shall be exchanged at Washington as soon
as possible.
In faith whereof, we, the respective Plenipotentiaries, have signed this
Treaty and have hereunto affixed our seals.
Done in duplicate at the city of Washington, the 7th day of November,
in the year of Our Lord one thousand nine hundred.
John Hay [seal]
Arcos [seal]
LETTERS ROGATORY
Exchange of notes at Washington and Manchester, Mass., August 5
and 7, 1901 ; declaration signed at Washington November 7, 1901
Entered into force November 28, 1901 1
Treaty Series 395
Exchange of Notes
The Secretary of State to the Spanish Minister
August 5, 1901
Sir : I have the honor to acknowledge the receipt of your personal note of
the 30th ultimo to Dr. Hill, Assistant Secretary of State, in which you advise
him that your Government is disposed to conclude by an exchange of notes
the agreement (suggested in your memorandum of April 18th last and this
Department's of June 5th last) for the purpose of dispensing with the
authentication of signatures affixed to letters rogatory issuing from Spanish
courts to those of Porto Rico and the Philippines, and from the courts of
Porto Rico and the Philippines to those of Spain, if the letters rogatory shall
be transmitted through the diplomatic channel.
In reply I have the honor to quote the memoranda exchanged as follows :
[translation]
"Legation of Spain
"April 18, 1901
"The Spanish Government does not require the signatures of United
States authorities intervening in the execution of rogatory commissions, is-
sued from Spain to be authenticated; and in reciprocity of this measure, is
anxious that the United States Government should not in the future require
the authentication of signatures of Spanish officials who execute American
rogatory commissions in Spain.
"As all these documents are transmitted from the two governments
through the diplomatic channel, the Spanish Government considers that
this fact should alone guarantee their authenticity."
1 Date of publication in Madrid Gazette.
625
626 SPAIN
"Department of State
"Washington, June 5, 1901
"The Department of State submitted to the Secretary of War and the
Governor of Porto Rico the memorandum of the Spanish Minister, dated
April 18 last, suggesting that, as letters rogatory passing between the courts
of the United States and Spain were transmitted through the diplomatic
channel, the authentication of the officials executing the letters might be
dispensed with.
"Copies of letters from the officers above mentioned are enclosed, from
which it appears that in Cuba, the Philippines and Porto Rico the authentica-
tions will be dispensed with, so long as the letters pass through the diplomatic
channel. The vast majority of the letters rogatory transmitted between the
two governments will thus be relieved from the burden of authentication.
As regards the letters, however, exchanged between the courts of the United
States, of the States of the Union and of the organized Territories, it will
not be possible for this Department to make any such arrangement, as the
execution of the letters must take place in accordance with the provisions
of the laws of the United States, of the State or Territory, respectively, and
in compliance with the rules of the executing court.
"The Department of State would be glad to know whether the arrange-
ment offered is satisfactory to the Spanish Government."
An acknowledgment by you of the present note, acquiescing in the ar-
rangement proposed, so far as Porto Rico, the Philippines and Spain are
concerned, will be regarded by this Government as completing the
agreement.
Accept, etc.,
Alvey A. Adee
Acting Secretary
The Spanish Minister to the Secretary of State
[translation]
Legation of Spain
Manchester, Mass.
August 7, 1901
Mr. Secretary: I have the honor to acknowledge the reception of the
note of your Department dated the 5th instant by which you advise me that
the Government of the United States accepts the proposition of that of H. M.
to the effect, that, as regards Porto Rico and the Philippines, the authentica-
tion of the signatures of the officials who intervene in the execution of letters
rogatory passing between Spain and the said countries and vice versa,
through the diplomatic channel, be hereafter dispensed with.
LETTERS ROGATORY— AUG. 5-NOV. 7, 1901 627
I transcribe hereinbelow the memorandum that I had the honor of send-
ing to Your Excellency on the 18th of April last, and the reply, dated June 5,
that I received from the Department.
[For text of memorandums, see U.S. note, above.]
In conformity with Your Excellency's statement in the note which I have
the honor to answer, I agree, in the name of the Government of His Majesty,
to consider the proposed arrangement as completed by the present exchange
of notes, but I must give you notice that it cannot go into effect in Spain
until it shall have been published in the "Gaceta de Madrid", that is to say
after the time required for the transmission to Spain and the subsequent
printing of the text.
I avail, etc.,
Arcos
Declaration
The undersigned, on behalf of their respective Governments and in ac-
cordance with the notes they exchanged on the 5th and 7th of August last,
have agreed upon the following declaration:
The signatures of officials who officiate in the execution of rogatory com-
missions addressed by the Courts of Porto Rico and the Philippine Islands to
those of Spain, or by the Spanish Courts to those of Porto Rico and the
Philippine Islands, transmitted through the diplomatic channel, will not
require authentication.
Done in duplicate at Washington this 7th day of November, 1901.
John Hay
el duque de arcos
FRIENDSHIP AND GENERAL RELATIONS
Treaty signed at Madrid July 3, 1902
Senate advice and consent to ratification December 16, 1902
Ratified by the President of the United States February 6, 1903
Ratified by Spain March 30, 1903
Ratifications exchanged at Madrid April 14, 1903
Entered into force April 14, 1903
Proclaimed by the President of the United States April 20, 1903
Articles XXIII and XXIV abrogated by the United States July 1,
1916, in accordance with Seamen's Act of March 4, 19151
33 Stat. 2105; Treaty Series 422
Treaty of Friendship and General Relations between the United
States of America and Spain
The United States of America and His Catholic Majesty the King of
Spain, desiring to consolidate on a permanent basis the friendship and good
correspondence which happily prevail between the two Parties, have deter-
mined to sign a Treaty of Friendship and General Relations, the stipulations
whereof may be productive of mutual advantage and reciprocal utility to
both Nations, and have named with this intention :
The President of the United States of America, Bellamy Storer, a citizen
of the United States, and their Envoy Extraordinary and Minister Pleni-
potentiary to His Catholic Majesty;
And His Catholic Majesty the King of Spain, Don Juan Manuel Sanchez
y Gutierrez de Castro, Duke of Almodovar del Rio, Marquis of Puebla de
los Infantes, Grandee of Spain, His Most Catholic Majesty's Chamberlain,
Knight Professed of the Order of Alcantara, Knight Grand Cross of the
Royal Order of Ysabela the Catholic, of the Legion of Honor, of the Red
Eagle of Prussia, etc., etc., etc., His Minister of State;
1 38 Stat. 1164. The U.S. notice of abrogation was accepted by Spain with the under-
standing that only such provisions of these articles as were in conflict with the act should
be abrogated and all other provisions, especially those concerning the arrest, detention,
and imprisonment of deserters from war vessels, should continue in force; and that
American consuls in Spain should not exercise the powers of which Spanish consuls in
the United States were deprived by the provisions of the act.
628
FRIENDSHIP AND GENERAL RELATIONS— JULY 3, 1902 629
Who having communicated to each other their Full Powers, found to be
in good and due form, have agreed upon and concluded the following
articles:
Article I
There shall be a firm and inviolable peace and sincere friendship between
the United States and its citizens on the one part, and His Catholic Majesty
and the Spanish Nation on the other part, without exception of persons or
places under their respective dominion.
Article II
There shall be a full, entire and reciprocal liberty of commerce and navi-
gation between the citizens and subjects of the two High Contracting Parties,
who shall have reciprocally the right, on conforming to the laws of the coun-
try, to enter, travel and reside in all parts of their respective territories, saving
always the right of expulsion which each Government reserves to itself, and
they shall enjoy in this respect, for the protection of their persons and their
property, the same treatment and the same rights as the citizens or sub-
jects of the country or the citizens or subjects of the most favored Nation.
They can freely exercise their industry or their business, as well wholesale
as retail, without being subjected as to their persons or their property, to any
taxes, general or local, imposts or conditions whatsoever, other or more
onerous than those which are imposed or may be imposed upon the citizens
or subjects of the country or the citizens or subjects of the most favored
Nation.
It is, however, understood that these provisions are not intended to annul
or prevent, or constitute any exception from the laws, ordinances and special
regulations respecting taxation, commerce, health, police, and public security,
in force or hereafter made in the respective countries and applying to for-
eigners in general.
Article III
Where, on the death of any person holding real property (or property not
personal), within the territories of one of the Contracting Parties, such real
property would, by the laws of the land, pass to a citizen or subject of the
other, were he not disqualified by the laws of the country where such real
property is situated, such citizen or subject shall be allowed a term of three
years in which to sell the same, this term to be reasonably prolonged if cir-
cumstances render it necessary, and to withdraw the proceeds thereof, with-
out restraint or interference, and exempt from any succession, probate or
administrative duties or charges other than those which may be imposed in
like cases upon the citizens or subjects of the country from which such pro-
ceeds may be drawn.
630 SPAIN
The citizens or subjects of each of the Contracting Parties shall have full
power to dispose of their personal property within the territories of the other,
by testament, donation, or otherwise; and their heirs, legatees, and donees,
being citizens or subjects of the other Contracting Party, whether resident
or nonresident, shall succeed to their said personal property, and may take
possession thereof either by themselves or by others acting for them, and
dispose of the same at their pleasure, paying such duties only as the citizens
or subjects of the country where the property lies, shall be liable to pay in
like cases.
In the event that the United States should grant to the citizens or subjects
of a third Power the right to possess and preserve real estate in all the States,
territories and dominions of the Union, Spanish subjects shall enjoy the same
rights; and, in that case only, reciprocally, the citizens of the United States
shall also enjoy the same rights in Spanish Dominions.
Article IV
The citizens or subjects of each of the two High Contracting Parties shall
enjoy in the territories of the other the right to exercise their worship, and
also the right to bury their respective countrymen according to their religious
customs in such suitable and convenient places as may be established and
maintained for that purpose, subject to the Constitution, Laws and Regula-
tions of the respective countries.
Article V
The citizens or subjects of each of the High Contracting Parties shall be
exempt in the territories of the other from all compulsory military service, by
land or sea, and from all pecuniary contributions in lieu of such, as well as
from all obligatory official functions whatsoever.
Furthermore, their vessels or effects shall not be liable to any seizure or
detention for any public use without a sufficient compensation, which, if
practicable, shall be agreed upon in advance.
Article VI
The citizens or subjects of each of the two High Contracting Parties shall
have free access to the Courts of the other, on conforming to the laws regulat-
ing the matter, as well for the prosecution as for the defense of their rights,
in all the degrees of jurisdiction established by law. They can be represented
by lawyers, and they shall enjoy, in this respect and in what concerns arrest
of persons, seizure of property and domiciliary visits to their houses, manu-
factories, stores, warehouses, etc., the same rights and the same advantages
which are or shall be granted to the citizens or subjects of the most favored
Nation.
FRIENDSHIP AND GENERAL RELATIONS— JULY 3, 1902 631
Article VII
No higher or other duties of tonnage, pilotage, loading, unloading, light-
house, quarantine or other similar or corresponding duties whatsoever, levied
in the name or for the profit of the Government, public functionaries, private
individuals, corporations or establishments of any kind shall be imposed in
the ports of the territories of either country than those imposed in the like
cases on national vessels in general or vessels of the most favored Nation.
Such equality of treatment shall apply, reciprocally, to the respective vessels
from whatever port or place they may arrive and whatever may be their
place of destination, except as hereinafter provided in Article IX of this
Convention.
Article VIII
All the articles which are or may be legally imported from foreign countries
into ports of the United States, in United States vessels, may likewise be
imported into those ports in Spanish vessels, without being liable to any other
or higher duties or charges whatsoever than if such articles were imported in
United States vessels; and, reciprocally, all articles which are or may be
legally imported from foreign countries into the ports of Spain, in Spanish
vessels, may likewise be imported into these ports in United States vessels
without being liable to any other or higher duties or charges whatsoever than
if such were imported from foreign countries in Spanish vessels.
In the same manner there shall be perfect equality of treatment in regard
to exportation to foreign countries, so that the same export duties shall be
paid and the same bounties and drawbacks allowed in the territories of either
of the High Contracting Parties on the exportation to foreign countries of any
article which is or may be legally exported from the said territories, whether
such exportation shall take place in United States or in Spanish vessels, and
whatever may be the place of destination, whether a port of either of the
Contracting Parties or of any third Power.
It is, however, understood that neither this article nor any other of the
articles of the present Convention shall in any way affect the special treaty
stipulations which exist or may hereafter exist with regard to the commercial
relations between Spain and the Philippine Islands.
Article IX
The coasting trade of both the High Contracting Parties is excepted from
the provisions of the present Treaty, and shall be regulated according to the
Laws, Ordinances and Regulations of the United States and Spain
respectively.
Vessels of either country shall be permitted to discharge part of their
cargoes at any port open to foreign commerce in the territory of either of
the High Contracting Parties, and to proceed with the remainder of their
308-5S2— 73 42
632 SPAIN
cargo to any other port or ports of the same territory open to foreign com-
merce, without paying other or higher tonnage dues or port charges in such
cases than would be paid by national vessels in like circumstances and they
shall be permitted to load in like manner at different ports in the same voyage
outward.
Article X
In cases of shipwreck, damages at sea, or forced putting in, each party
shall afford to the vessels of the other, whether belonging to the State or to
individuals, the same assistance and protection and the same immunities
which would have been granted to its own vessels in similar cases.
Article XI
All vessels sailing under the flag of the United States, and furnished with
such papers as their laws require, shall be regarded in Spain as United States
vessels, and reciprocally, all vessels sailing under the flag of Spain and fur-
nished with the papers which the laws of Spain require, shall be regarded in
the United States as Spanish vessels.
Article XII
The High Contracting Parties desiring to avoid all inequality in their
public communications and official intercourse agree to grant to the Envoys,
Ambassadors, Ministers, Charges d'affaires and other diplomatic agents of
each other, the same favors, privileges, immunities and exemptions which
are granted or shall be granted to the agents of the most favored Nation, it
being understood that the favors, privileges, immunities and exemptions
granted by the one party to the Envoys, Ambassadors, Ministers, Charges
d'affaires, or any other diplomatic agents of the other party or to those of
any other Nation, shall be reciprocally granted and extended to those of
the other High Contracting Party.
Article XIII
Each of the High Contracting Parties pledges itself to admit the Consuls-
General, Consuls, Vice-Consuls and Consular Agents of the other in all
its ports, places and cities, except where it may not be convenient to recognize
such functionaries.
This reservation, however, shall not be applied by one of the High Con-
tracting Parties to the other unless in like manner applied to all other
Powers.
Article XIV
Consular officers shall receive, after presenting their commissions, and
according to the formalities established in the respective countries, the ex-
equatur required for the exercise of their functions, which shall be furnished
to them free of cost; and on presentation of this document, they shall be
FRIENDSHIP AND GENERAL RELATIONS— JULY 3, 1902 633
admitted to the enjoyment of the rights, privileges and immunities granted to
them by this Treaty.
The Government granting the exequatur shall be at liberty to withdraw
the same on stating the reasons for which it has thought proper so to do.
Notice shall be given, on producing the commission, of the extent of the
district allotted to the consular officer, and subsequently of the changes that
may be made in this district.
Article XV
All consular officers, citizens or subjects of the country which has appointed
them, shall be exempted from military billetings and contributions, and shall
enjoy personal immunity from arrest or imprisonment, except for acts con-
stituting crimes or misdemeanors by the laws of the country to which they
are commissioned. They shall also be exempt from all National, State, Pro-
vincial and Municipal taxes except on real estate situated in, or capital
invested in the country to which they are commissioned. If, however, they
are engaged in professional business, trade, manufacture or commerce, they
shall not enjoy such exemption from taxes, but shall be subject to the same
taxes as are paid under similar circumstances by foreigners of the most
favored Nation, and shall not be entitled to plead their consular privilege to
avoid professional or commercial liabilities.
Article XVI
If the testimony of a consular officer, who is a citizen or subject of the
State by which he was appointed, and who is not engaged in business, is
needed before the Courts of either country, he shall be invited in writing to
appear in Court, and if unable to do so, his testimony shall be requested in
writing, or be taken orally at his dwelling or office.
To obtain the testimony of such consular officer before the Courts of the
country where he may exercise his functions, the interested party in civil
cases, or the accused in criminal cases, shall apply to the competent judge,
who shall invite the consular officer in the manner prescribed above, to give
his testimony.
It shall be the duty of said consular officer to comply with this request,
without any delay which can be avoided. Nothing in the foregoing part of
this article, however, shall be construed to conflict with the provisions of the
sixth article of the amendments to the Constitution of the United States,
or with like provisions in the Constitutions of the several States, whereby the
right is secured to persons charged with crimes, to obtain witnesses in their
favor, and to be confronted with the witnesses against them.
Article XVII
Consuls-General, Consuls, Vice-Consuls, and Consular Agents may place
over the outer door of their office the arms of their Nation with this inscrip-
634 SPAIN
tion "Consulate", "Vice-Consulate", or "Consular Agency of the United
States" or "Spain".
They may also hoist the flag of their country over the house in which the
Consular Office is, provided they do not reside in the Capital in which the
Legation of their country is established; and also upon any vessel employed
by them in port in the discharge of their official duties.
Article XVIII
The consular offices and archives shall be at all times inviolable. The local
authorities shall not be allowed to enter such offices under any pretext, nor
shall they in any case examine or take possession of the official papers therein
deposited. These offices, however, shall never serve as place of asylum.
When the consular officer is engaged in trade, professional business or
manufacture, the papers and archives relating to the business of the Con-
sulate must be kept separate and apart from all others.
Article XIX
In case of death, incapacity or absence of the Consuls-General, Consuls,
Vice-Consuls, and Consular Agents, their respective Chancellors or Secre-
taries whose official character shall have been previously made known to the
Department of State at Washington or the Ministry of State in Spain, shall
be permitted to discharge their functions ad interim, and they shall enjoy,
while thus acting, the same rights, privileges and immunities as the officers
whose places they fill, under the same conditions prescribed in the case of
these officers.
Article XX
Consuls-General and Consuls may, so far as the laws of their country
allow, with the approbation of their respective Governments, appoint Vice-
Consuls and Consular Agents in the cities, ports and places within their
consular jurisdiction. These Agents may be selected from among citizens of
the United States or among subjects of Spain or those of other Countries.
They shall be furnished with a regular commission and shall enjoy the
privileges, rights and immunities stipulated for consular officers in this Con-
vention, subject to the exceptions specified in articles XV and XVI.
Article XXI
The Consuls-General, Consuls, Vice-Consuls and Consular Agents of the
two High Contracting Parties, shall have the right to address the authorities
of the respective countries, national or local, judicial or executive, within
the extent of their respective consular districts, for the purpose of complain-
ing of any infraction of the treaties or conventions existing between the two
countries, or for purposes of information, or for the protection of the rights
FRIENDSHIP AND GENERAL RELATIONS— JULY 3, 1902 635
and interests of their countrymen, whom, if absent, such consular officers shall
be presumed to represent.
If such application shall not receive proper attention, such consular
officers may, in the absence of the diplomatic agent of their country, apply
directly to the Government of the country to which they are commissioned.
Article XXII
Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the re-
spective countries or their deputies shall, as far as compatible with the laws
of their own country, have the following powers:
1. To take at their offices, their private residence, at the residence of
the parties concerned or on board ship, the depositions of the captains and
crews of vessels of their own country and of passengers thereon, as well as
the depositions of any citizen or subject of their own country.
2. To draw up, attest, certify and authenticate all unilateral acts, deeds,
and testamentary dispositions of their countrymen, as well as all articles of
agreement or contracts to which one or more of their countrymen are a party.
3. To draw up, attest, certify and authenticate all deeds or written in-
struments which have for their object the conveyance or encumbrance of
real or personal property situated in the territory of the country by which
said consular officers are appointed, and all unilateral acts, deeds, testa-
mentary dispositions, as well as articles of agreement or contracts relating
to property situated, or business to be transacted, in the territory of the Na-
tion by which the said consular officers are appointed ; even in cases where
said unilateral acts, deeds, testamentary dispositions, articles of agreement
or contracts are executed solely by citizens or subjects of the country to which
said consular officers are commissioned.
All such instruments and documents thus executed and all copies and
translations thereof when duly authenticated by such Consul-General,
Consul, Vice-Consul or Consular-Agent under his official seal, shall be re-
ceived as evidence in the United States and in Spain, as original documents
or authenticated copies as the case may be, and shall have the same force
and effect as if drawn up by and executed before a notary or public officer
duly authorized in the country by which said consular officer was appointed ;
provided always that they have been drawn and executed in conformity to
the Laws and Regulations of the country where they are intended to take
effect.
Article XXIII 2
Consuls-General, Consuls, Vice-Consuls and Consular-Agents shall have
exclusive charge of the internal order of the merchant vessels of their Nation
and shall alone take cognizance of differences which may arise, either at
"Abrogated by the United States July 1, 1916, in accordance with Seamen's Act of
Mar. 4, 1915 (38 Stat. 1164).
636 SPAIN
sea or in port, between the captains, officers and crews without exception,
particularly in reference to the adjustment of wages and the execution of
contracts. In case any disorder should happen on board of vessels of either
party in the territorial waters of the other, neither the Federal, State or
Municipal Authorities in the United States, nor the Authorities or Courts
in Spain, shall on any pretext interfere, except when the said disorders are
of such a nature as to cause or be likely to cause a breach of the peace or
serious trouble in the port or on shore, or when in such trouble or breach
of the peace, a person or persons shall be implicated not forming a part of
the crew. In any other case, said Federal, State or Municipal Authorities
in the United States, or Authorities or Courts in Spain, shall not interfere,
but shall render forcible aid to consular officers, when they may ask it, to
search for, arrest and imprison all persons composing the crew, whom they
may deem it necessary to confine. Those persons shall be arrested at the
sole request of the Consul addressed in writing to either the Federal, State
or Municipal Authorities in the United States, or the Authorities or Courts
in Spain, and supported by an official extract from the register of the ship
or the list of the crew, and the prisoners shall be held during the whole time
of their stay in the port at the disposal of the consular officers. Their release
shall be granted at the mere request of such officers made in writing. The
expenses of the arrest and detention of those persons shall be paid by the
consular officers.
Article XXIV3
The Consuls-General, Consuls, Vice-Consuls and Consular-Agents of the
two countries may respectively cause to be arrested and sent on board or
cause to be returned to their own country, such officers, seamen or other
persons forming part of the crew of ships of war or merchant vessels of
their Nation, who may have deserted in one of the ports of the other.
To this end they shall respectively address the competent national or local
authorities in writing, and make request for the return of the deserter and
furnish evidence by exhibiting the register, crew list or other official docu-
ments of the vessel, or a copy or extract therefrom, duly certified, that the
persons claimed belong to said ship's company. On such application being
made, all assistance shall be furnished for the pursuit and arrest of such
deserters, who shall even be detained and guarded in the gaols of the country
pursuant to the requisition and at the expense of the Consuls-General, Con-
suls, Vice-Consuls or Consular Agents, until they find an opportunity to
send the deserters home.
If, however, no such opportunity shall be had for the space of three months
from the day of the arrest, the deserters shall be set at liberty, and shall not
again be arrested for the same cause. It is understood that persons who are
citizens or subjects of the country within which the demand is made shall be
exempted from the provisions of this article.
1 See footnote 2, p. 635.
FRIENDSHIP AND GENERAL RELATIONS— JULY 3, 1902 637
If the deserter shall have committed any crime or offence in the country
within which he is found, he shall not be placed at the disposal of the Consul
until after the proper Tribunal having jurisdiction in the case shall have pro-
nounced sentence, and such sentence shall have been executed.
Article XXV
In the absence of an agreement to the contrary between the owners,
freighters and insurers, all damages suffered at sea by the vessels of the two
countries, whether they enter port in the respective countries voluntarily, or
are forced by stress of weather or other causes over which the officers have
no control, shall be settled by the Consuls-General, Consuls, Vice-Consuls and
Consular Agents of the respective countries; in case, however, any citizen
or subject of the country to which said consular officers are commissioned,
or any subject of a third Power be interested and the parties cannot come to
an amicable agreement, the competent local authorities shall decide.
Article XXVI
In case of the death of a citizen or subject of one of the parties within
the territories or dominion of the other, the competent local authorities shall
give notice of the fact to the Consuls or Consular Agents of the Nation to
which the deceased belongs, to the end that information may be at once
transmitted to the parties interested.
Article XXVII
The Consuls-General, Consuls, Vice-Consuls or Consular Agents of the re-
spective High Contracting Parties shall have, under the laws of their country
and the instructions and regulations of their own Government so far as com-
patible with local laws, the right of representing the absent, unknown or
minor heirs, next of kin or legal representatives of the citizens or subjects of
their country, who shall die within their consular jurisdictions; as well as
those of their countrymen dying at sea whose property is brought within their
consular district; and of appearing either personally or by delegate in their
behalf in all proceedings relating to the settlement of their estate until such
heirs or legal representatives shall themselves appear.
Until such appearance the said consular officers shall be permitted, so far
as compatible with local laws, to perform all the duties prescribed by the laws
of their country and the instructions and regulations of their own Govern-
ment for the safe-guarding of the property and the settlement of the estate
of their deceased countrymen.
In every case the effects and property of such deceased citizens or subjects
shall be retained within the consular district for twelve calendar months by
said Consuls-General, Consuls, Vice-Consuls or Consular Agents or by the
legal representatives or heirs of the deceased during which time the creditors,
if any, of the deceased shall have the right to present their claims and de-
638 SPAIN
mands against the said effects and property, and all questions arising out of
such claims or demands shall be decided by the local judicial authorities
in accordance with the laws of the country to which said officers are
commissioned.
Article XXVIII
The Consuls-General, Consuls, Vice-Consuls and Consular Agents, as like-
wise the Consular Chancellors, Secretaries or Clerks of the High Contracting
Parties shall reciprocally enjoy in both countries all the rights, immunities
and privileges which are or may hereafter be granted to the officers of the
same grade of the most favored Nation.
Article XXIX
All treaties, agreements, conventions and contracts between the United
States and Spain prior to the Treaty of Paris 4 shall be expressly abrogated
and annulled, with the exception of the Treaty signed the seventeenth of
February 1834 B between the two countries for the settlement of claims be-
tween the United States of America and the Government of His Catholic
Majesty, which is continued in force by the present Convention.
Article XXX
The present Treaty of Friendship and General Relations shall remain in
full force and vigor for the term of ten years from the day of the exchange
of ratifications. Notwithstanding the foregoing, if neither Party notifies to
the other its intention of reforming any of, or all, the articles of this Treaty,
or of terminating it twelve months before the expiration of the ten years
stipulated above, the said Treaty shall continue binding on both Parties be-
yond the said ten years, until twelve months from the time that one of the
Parties notifies its intention of proceeding to its reform or of terminating it.
Article XXXI
The present Convention shall be ratified and the ratifications thereof shall
be exchanged at the City of Madrid as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the same
and have affixed thereto the seal of their arms.
Done in duplicate at Madrid this third day of July in the year of Our
Lord one thousand nine hundred and two.
Bellamy Storer [seal]
El Duque de Almodovar del Rio [seal]
4TS343, ante, p. 615.
6 TS 328, ante, p. 537.
COPYRIGHT
Exchange of notes at Madrid January 29 and November 18 and 26,
1902
Entered into force November 26, 1902
Treaty Series 474
The American Minister to the Minister of State
No. 296 Madrid, January 29, 1902
Excellency :
I have the honor to lay before you fully, the views of my Government
regarding what it deems advisable and necessary in restoring to effect and
operation the Arrangement for Reciprocal Privileges of Copyright between
the United States and the Spanish Dominions, which led to the Proclama-
tion on this subject of the President of the United States, of July 10, 1895.1
I am instructed to bring before Your Excellency and the Government of
His Majesty, which you so worthily represent, the information that although
for a period of time prior to the Treaty of Paris,2 reciprocal registration of
Copyrights between the two countries was suspended, yet the Proclamation
of the President has not been revoked or modified in any particular.
I am further instructed to lay before your attention the fact that, under the
authority and with the advice and consent of the Attorney General of the
United States, registration of titles of works of citizens of Spain has been
resumed at Washington since April 11, 1899, before the competent authority
to that end, namely, the Librarian of Congress.
From this view, it follows that, in the opinion of my Government, nothing
is needed to restore fully and completely the effect, and again reciprocally to
put into operation the Arrangement regarding Reciprocal Copyright Regis-
tration as it existed from July 10, 1895, down to April 21, 1898, between the
two countries, other than an exchange of notes, and a Declaration on the part
of His Majesty's Government, similar to that of July 6, 1895.
If this view is in accord with that of Your Excellency, I shall be authorized
on the part of my Government to carry the same into effect, in the manner
above indicated.
JFor exchange of notes at Washington July 6 and 15, 1895, see TS 342-A, ante, p. 597.
8TS343,an<^p. 615.
639
640 SPAIN
I take this occasion to renew to Your Excellency the assurance of my highest
consideration.
Bellamy Storer
His Excellency
The Minister of State
The Minister of State to the American Minister
[TRANSLATION]
No -7 Madrid, November 18, 1902
Excellency,
My dear Sir: I received in due course Your Excellency's courteous Note
of the 29th. January last, in which you express to me the desire to your Gov-
ernment to re-establish the Agreement between Spain and the United States,
signed at Washington the 6th. and 15th. of July 1895, which granted recipro-
cal privileges of Copyright, and which led to the Proclamation of the Presi-
dent of the said Republic of the 1 0th. of the same month and year, extending
to Spain the dispositions of Section XIII of the Act of Congress of the 3rd.
March 1891,3 relating to this subject.
I have noted at the same time, from the contents of the said Note, that
although for a period of time prior to the Treaty of Paris, reciprocal registra-
tion of Copyrights between the two countries was suspended, the said Proc-
lamation of the President of the Republic has not been revoked or modified ;
and furthermore, with the consent of the Attorney General, registration before
the competent authority at Washington has been resumed since the 11th.
April 1899.
In view of these statements, I have the honor to bring to the knowledge
of Your Excellency that His Majesty the King, my August Sovereign, has
graciously decreed that the said Agreement between Spain and the United
States, signed at Washington the 6th. and 15th. of July 1895, granting recip-
rocal privileges of Copyright, be reestablished and put into renewed opera-
tion, so soon as Your Excellency, in acknowledging receipt of the present Note,
declares in the name of your Government, that your Government is recipro-
cally in agreement with its contents.
I take this opportunity to renew to Your Excellency the assurances of my
highest consideration.
El Duque de Almodovar del Rio
His Excellency
Bellamy Storer
Minister Plenipotentiary of the United States
of North America
3 26 Stat. 1110.
COPYRIGHT— JANUARY 29-NOVEMBER 26, 1902 641
The American Minister to the Minister of State
xo. 367 Madrid, November 26, 1902
Excellency:
I have the honor to acknowledge the receipt of Your Excellency's esteemed
Note of the 18th. November 1902, by which I am informed that His Majesty
the King has ordered that the Agreement between Spain and the United
States, signed at Washington the 6th. and 15th. of July 1895, granting re-
ciprocal privileges of Copyright, be re-established and put into renewed oper-
ation, so soon as I am authorized to declare that the Government of the
United States is in accord with this intention.
It is my profound pleasure, in the name of the Government of the United
States, to assure Your Excellency that the contents of Your Excellency's
Note above referred to, taken in connection with and referring as it does
to my previous Note of the 29th. January 1902, on this subject, in the view
of the Government of the United States, restores completely and puts again
into full reciprocal force the Agreement of Washington hereinbefore
described.
I take this occasion to renew to Your Excellency the assurances of my
highest consideration.
Bellamy Storer
His Excellency
The Minister of State
EXTRADITION
Treaty signed at Madrid June 15, 1904; protocol signed at San
Sebastian August 13, 1907, amending articles III and IV
Senate advice and consent to ratification January 16, 1908
Ratified by the President of the United States February 5, 1908
Ratified by Spain March 30, 1908
Ratifications exchanged at Madrid April 6, 1908
Entered into force April 6, 1908
Proclaimed by the President of the United States May 21, 1908
Terminated June 16, 1971 by treaty of May 29, 1970 1
35 Stat. 1947; Treaty Series 492
Treaty of Extradition Between the United States of America
and Spain
Article I
It is agreed that the Government of the United States and the Government
of Spain shall, upon mutual requisition duly made as herein provided deliver
up to justice any person who may be charged with, or may have been con-
victed of any of the crimes specified in Article II of this Convention com-
mitted within the jurisdiction of one of the Contracting Parties while said
person was actually within such jurisdiction when the crime was committed,
and who shall seek an asylum or shall be found within the territories of the
other, provided that such surrender shall take place only upon such evidence
of criminality, as according to the laws of the place where the fugitive or per-
son so charged shall be found, would justify his apprehension and commit-
ment for trial if the crime or offence had been there committed.
Article II
Persons shall be delivered up according to the provisions of this Conven-
tion, who shall have been charged with or convicted of any of the following
crimes:
1. Murder, comprehending the crimes designated by the terms of par-
ricide, assassination, manslaughter, when voluntary; poisoning or infanticide.
2. The attempt to commit murder.
122UST737;TIAS7136.
642
EXTRADITION— JUNE 15, 1904, AND AUGUST 13, 1907 643
3. Rape, abortion, carnal knowledge of children under the age of twelve
years.
4. Bigamy.
5. Arson.
6. Willful and unlawful destruction or obstruction of railroads, which
endangers human life.
7. Crimes committed at sea :
(a) Piracy, as commonly known and defined by the laws of Nations, or
by Statute;
(b) Wrongfully sinking or destroying a vessel at sea or attempting to do
so;
(c) Mutiny or conspiracy by two or more members of the crew or other
persons on board of a vessel on the high seas, for the purpose of rebelling
against the authority of the Captain or Commander of such vessel, or by
fraud or violence taking possession of such vessel;
(d) Assault on board ships upon the high seas with intent to do bodily
harm.
8. Burglary, defined to be the act of breaking into and entering the house
of another in the night time with intent to commit a felony therein ;
9. The act of breaking into and entering into the offices of the Govern-
ment and public authorities, or the offices of banks, banking houses, saving
banks, trust companies, insurance companies, or other buildings not dwellings
with intent to commit a felony therein.
10. Robbery, defined to be the act of feloniously and forcibly taking
from the person of another, goods or money by violence or by putting him
in fear.
1 1 . Forgery or the utterance of forged papers.
12. The forgery or falsification of the official acts of the Government or
public authority, including Courts of Justice, or the uttering or fraudulent
use of any of the same.
13. The fabrication of counterfeit money, whether coin or paper, coun-
terfeit titles or coupons of public debt, created by National, State, Provincial,
Territorial, Local or Municipal Governments, banknotes or other instruments
of public credit, counterfeit seals, stamps, dies and marks of State or public
administrations, and the utterance, circulation or fraudulent use of the above
mentioned objects.
14. Embezzlement or criminal malversation committed within the juris-
diction of one or the other party by public officers or depositaries, where the
amount embezzled exceeds two hundred dollars (or Spanish equivalent.)
15. Embezzlement by any person or persons hired, salaried or employed,
to the detriment of their employers or principals, when the crime or offence
is punishable by imprisonment or other corporal punishment by the laws of
644 SPAIN
both countries, and where the amount embezzled exceeds two hundred dollars
( or Spanish equivalent. )
1 6. Kidnapping of minors or adults, defined to be the abduction or deten-
tion of a person or persons, in order to exact money from them or their fam-
ilies, or for any other unlawful end.
17. Larceny, defined to be the theft of effects, personal property, or
money, of the value of twenty-five dollars or more.
18. Obtaining money, valuable securities or other property by fake pre-
tences or receiving any money, valuable securities or other property knowing
the same to have been unlawfully obtained, where the amount of money or
the value of the property so obtained or received exceeds two hundred dollars
(or Spanish equivalent.)
19. Perjury or subornation of perjury.
20. Fraud or breach of trust by a bailee, banker, agent, factor, trustee,
executor, administrator, guardian, director or officer of any Company or Cor-
poration, or by any one in any fiduciary position, where the amount of money
or the value of the property misappropriated exceeds two hundred dollars (or
Spanish equivalent.)
21. Crimes and offences against the laws of both countries for the sup-
pression of slavery and slave trading.
22. The extradition is also to take place for participation in any of the
aforesaid crimes as an accessory before or after the fact, provided such partici-
pation be punishable by imprisonment by the laws of both Contracting
Parties.
Article III 2
The provisions of this Convention shall not import claim of extradition for
any crime or offence of a political character, nor for acts connected with such
crimes or offences, except in so far as they shall constitute ordinary crimes or
offences punishable by the laws of the two Countries; and no person sur-
rendered by or to either of the Contracting Parties in virtue of this convention
shall be tried or punished for a political crime or offence, except they be ordi-
nary crimes as above stated, nor for any act connected therewith, committed
previously to the extradition. An attempt, whether consummated or not,
against the life of the Sovereign or of the Head of any State, or against that of
any member of his family, when such attempt comprises the act either of
murder or assassination or of poisoning, shall not be considered a political
offence, or an act connected with such an offence.
Article IV3
No person shall be tried for any crime or offence other than that for which
he was surrendered unless such crime be one of those enumerated in Article II.
' For an amendment of art III, see protocol, p. 647.
1 For an amendment of art. IV, see protocol, p. 648.
EXTRADITION— JUNE 15, 1904, AND AUGUST 13, 1907 645
Article V
A fugitive criminal shall not be surrendered under the provisions hereof,
when, from lapse of time or other lawful cause, according to the laws of the
place within the jurisdiction of which the crime was committed, the criminal
is exempt from prosecution or punishment for the offence for which the sur-
render is asked.
Article VI
If a fugitive criminal whose surrender may be claimed pursuant to the
stipulations hereof, be actually under prosecution, out on bail or in custody,
for a crime or offence committed in the country where he has sought asylum,
or shall have been convicted thereof, his extradition may be deferred until
such proceedings be determined, and, until he shall have been set at liberty in
due course of law.
Article VII
If a fugitive criminal claimed by one of the parties hereto, shall be also
claimed by one or more powers pursuant to treaty provisions, on account of
crimes committed within their jurisdiction, such criminal shall be delivered to
that State whose demand is first received.
Article VIII
Under the stipulations of this Convention, neither of the Contracting Par-
ties shall be bound to deliver up its own citizens or subjects.
Article IX
The expense of the arrest, detention, examination and transportation of the
accused shall be paid by the Government which has preferred the demand for
extradition.
Article X
Everything found in the possession of the fugitive criminal at the time of his
arrest, whether being the proceeds of the crime or offence, or which may be
material as evidence in making proof of the crime, shall, so far as practicable,
according to the laws of either of the Contracting Parties, be delivered up with
his person at the time of the surrender. Nevertheless, the rights of a third party
with regard to the articles aforesaid, shall be duly respected.
Article XI
The stipulations of this Convention shall be applicable to all territory
wherever situated, belonging to either of the contracting parties or in the oc-
cupancy and under the control of either of them, during such occupancy or
control.
Requisitions for the surrender of fugitives from justice shall be made by the
646 SPAIN
respective diplomatic agents of the Contracting Parties. In the event of the
absence of such Agents from the country or its seat of Government, or where
extradition is sought from a colonial possession of Spain or from territory, in-
cluded in the preceding paragraph, other than the United States, requisition
may be made by superior Consular officers.
It shall be competent for such Diplomatic or superior Consular officers to
ask and obtain a mandate or preliminary warrant of arrest for the person
whose surrender is sought, whereupon the judges and magistrates of the two
Governments shall respectively have power and authority, upon complaint
made under oath, to issue a warrant for the apprehension of the person
charged, in order that he or she may be brought before such judge or magis-
trate, that the evidence of criminality may be heard and considered; and if,
on such hearing, the evidence be deemed sufficient to sustain the charge, it
shall be the duty of the examining judge or magistrate to certify the same to
the proper executive authority, that a warrant may issue for the surrender of
the fugitive.
If the fugitive criminal shall have been convicted of the crime for which
his surrender is asked, a copy of the sentence of the Court before which such
conviction took place, duly authenticated, shall be produced. If, however,
the fugitive is merely charged with crime, a duly authenticated copy of the
warrant of arrest in the country where the crime was committed, and of the
depositions upon which such warrant may have been issued, shall be produced,
with such other evidence or proof as may be deemed competent in the case.
Article XII
If when a person accused shall have been arrested in virtue of the mandate
or preliminary warrant of arrest, issued by the competent authority as pro-
vided in Article XI hereof, and been brought, before a judge or a magistrate
to the end that the evidence of his or her guilt may be heard and examined as
herein before provided, it shall appear that the mandate or preliminary war-
rant of arrest has been issued in pursuance of a request or declaration received
by telegraph from the Government asking for the extradition, it shall be com-
petent for the judge or magistrate at his discretion to hold the accused for
a period not exceeding two months, so that the demanding Government may
have opportunity to lay before such judge or magistrate legal evidence of the
guilt of the accused, and if at the expiration of said period of two months,
such legal evidence shall not have been produced before such judge or mag-
istrate, the person arrested shall be released, provided that the examination
of the charges preferred against such accused person shall not be actually
going on.
Article XIII
In every case of a request made by either of the two Contracting Parties
for the arrest, detention or extradition of fugitive criminals, the legal officers
EXTRADITION— JUNE 15, 1904, AND AUGUST 13, 1907 647
or fiscal ministry of the country where the proceedings of extradition are had,
shall assist the officers of the Government demanding the extradition before
the respective judges and magistrates, by every legal means within their or its
power; and no claim whatever for compensation for any of the services so
rendered shall be made against the Government demanding the extradition,
provided however, that any officer or officers of the surrendering Government
so giving assistance, who shall, in the usual course of their duty, receive no
salary or compensation other than specific fees for services performed, shall
be entitled to receive from the Government demanding the extradition the
customary fees for the acts or services performed by them, in the same man-
ner and to the same amount as though such acts or services had been per-
formed in ordinary criminal proceedings under the laws of the country of
which they are officers.
Article XIV
This Convention shall take effect from the day of the exchange of the
ratifications thereof; but either Contracting Party may at any time terminate
the same on giving to the other six months notice of its intention to do so.
The ratifications of the present Treaty shall be exchanged at Madrid as
soon as possible.
In witness whereof the respective Plenipotentiaries have signed the above
articles, and have hereunto affixed their seals.
Done in duplicate, at the city of Madrid, this fifteenth day of June one
thousand nine hundred and four.
Arthur S. Hardy [seal]
Faustino Rodrigues San Pedro [seal]
Protocol
The Undersigned, His Excellency, William Miller Collier, Envoy Ex-
traordinary and Minister Plenipotentiary of the United States of America to
His Catholic Majesty, and His Excellency Don Manuel Allendesalazar y
Mufioz de Salazar, Minister of State of His Catholic Majesty, duly author-
ized for the purpose, have agreed upon the following:
Articles III and IV of the Treaty of extradition between the United States
and Spain signed at Madrid on June 15th, 1904, are hereby amended so as to
read as follows :
"Article III. The provisions of this Convention shall not import claim
of extradition for any crime or offence of a political character, nor for acts
connected with such crimes or offences; and no person surrendered by or to
either of the Contracting Parties in virtue of this Convention shall be tried or
punished for a political crime or offence. When the offence charged com-
648 SPAIN
prises the act either of murder or assassination or of poisoning, either con-
summated or attempted, the fact that the offence was committed or at-
tempted against the life of the Sovereign or Head of a foreign State or against
the life of any member of his family, shall not be deemed sufficient to sustain
that such a crime or offence was of a political character, or was an act con-
nected with crimes or offences of a political character."
"Article IV. No person shall be tried for any crime or offence other than
that for which he was surrendered."
The above mentioned treaty, as amended by this protocol, is to be sub-
mitted for approval in the manner required by the laws of the two nations and
the ratifications shall be exchanged at Madrid as soon as possible.
In faith whereof this protocol is signed in two originals, each one in the two
languages, in San Sebastian on the 13th of August 1907.
Wm. Miller Collier
Manuel Allendesalazar
COMMERCIAL RELATIONS
Agreement signed at San Sebastian August 1, 1906; exchange of
explanatory notes at Madrid December 20, 1906
Entered into force December 20, 1906
Supplemented by agreements of February 20, 1909,1 and October 26
and November 7, 1927 2
Extended by agreements of October 6 and 22, 1923; 3 April 26 and
27, 1924; 4 and May 2, 1925 5
Treaty Series 453
Agreements as to Reciprocal Tariff Concessions Between the
United States of America and Spain
The Government of the United States of America and in its name His
Excellency Mr. William Miller Collier, Envoy Extraordinary and Minister
Plenipotentiary near His Majesty the King of Spain, and the Government
of His Catholic Majesty the King of Spain, and in its name His Excellency
M. Pio Gullon e Iglesias, Grand Cross of the Red Eagle of Prussia, of Leo-
pold of Belgium, of St. Olaf of Norway, of St. Stephen of Hungary, etc, etc,
Life Academy of Political and Moral Sciences, Minister of State, desiring to
promote the mutual trade interests of the two countries and the former having
proposed to the latter the concession by Spain of the most favored nation treat-
ment (Portugal excepted) in exchange for the tariff treatment which on the
part of the United States is considered (if the treatment accorded to Cuba be
excepted) as the most favored nation treatment, that is, that made by the
concessions made to various countries in the articles comprehended in Sec-
tion three of the American tariff:
It is hereby in behalf of the said two Governments agreed as follows :
I. The following mentioned products and manufactures of Spain ex-
ported from Spain to the United States, shall upon their entrance into the
United States be dutiable as follows :
Crude tartar, or wine lees, or argols, crude, five per cent ad valorem.
Brandies or other spirits manufactured or distilled from grain or other ma-
terials, one dollar and seventy five cents per proof gallon.
1 TS 517, post, p. 655.
* TS 758-A, post, p. 680.
•TS693-A, post, p. 668.
4 TS 693-A, post, p. 670.
"TS 716, post, p. 672.
649
650 SPAIN
Still wines, and vermuth, in casks, thirty five cents per gallon; in bottles
or jugs, per case of one dozen bottles or jugs containing each not more than
one quart and more than one pint, or twenty four bottles or jugs containing
each not more than one pint, one dollar and twenty five cents per case, and
any excess beyond these quantities found in such botdes or jugs shall be sub-
ject to a duty of four cents per pint or fractional part thereof, but no separate
or additional duty shall be assessed upon the bottles or jugs.
Paintings in oil or water colors, pastels, pen and ink drawings, and stat-
uary, fifteen per centum ad-valorem.
II. The products and manufactures of the United States will pay duty at
their entrance into Spain at the rates now fixed in the second column of the
Spanish tariff, it being understood that every decrease of duty accorded by
Spain by law or in the commercial pacts now made or which in future are
made with other nations will be immediately applicable to the United States,
exception only being made of the special advantages conceded to Portugal.6
III. The present arrangement will enter into effect as soon as the neces-
sary decrees and proclamations can be promulgated in both countries and it
will thereafter continue in force until one year after it has been denounced
by either of the High Contracting Parties. Each of the High Contracting
Parties, however, shall have the right to rescind forthwith any of its conces-
sions herein made by it, if the other at any time shall withhold any of its con-
cessions or shall withhold any of its tariff benefits now or hereafter granted
to any third Nation, exception being made of the special benefits now or here-
after given by Spain to Portugal and those now or hereafter given by the
United States to Cuba.
IV. The Government of His Catholic Majesty will forthwith issue the
necessary decrees and orders and the President of the United States will
thereupon, at once, make the necessary proclamation.7
Made, in duplicate, in San Sebastian, August the first one thousand nine
hundred and six.
William Miller Collier
Pio Gullon
Exchange of Explanatory Notes
The American Charge d'Affaires ad interim to the Minister of State
Madrid, December 20, 1906
Excellency:
I have the honor to inform you that the Government of the United States,
acceding to the desire of His Majesty's Government to clear up certain
6 See also explanatory notes below.
'Aug. 27, 1906; 34 Stat. 3227.
COMMERCIAL RELATIONS— AUG. 1 AND DEC. 20, 1906 651
obscurities in the text of the Agreement, concluded between Spain and the
United States on August 1st. 1906, and to effectuate the intention of the two
nations to concede reciprocally the most favored nation treatment, has au-
thorized me to agree that the following shall be deemed to be the true mean-
ing and effect of the second paragraph of the Agreement.
The products and manufactures of the United States will pay at their
entrance into Spain at the rates of the second or minimum tariff of the
Spanish tariff law, it being understood that every decrease of duty accorded
by Spain by law or in the commercial pacts now made, or which in future
shall be made with other nations will be immediately applicable to the
United States, exception only being made of the special advantages con-
ceded to Portugal.
It is also agreed that the words United States wherever used in the said
Agreement shall be deemed to include the territories and possessions of the
United States to which the general tariff laws governing imports into the
states admitted into the Union are applied.
The above is to be taken as the accepted construction of the existing Agree-
ment, and as the measure of the respective rights of the two countries
thereunder.
I avail myself of this occasion to renew to Your Excellency the assurances
of my highest consideration.
Robert M. Winthrop
Charge d'Affaires ad-interim
His Excellency
D. Juan Perez Caballero
Minister of State
The Minister of State to the American Charge d'Affaires ad interim
[translation]
Madrid, December 20, 1906
Dear Sir:
In answer to your note of this date in which having been duly authorized
to clear up, as desired by His Majesty's Government, certain obscurities in
the text of the Agreement concluded between the United States and Spain
on August 1st. last, and to effectuate the intention of the two nations to
concede reciprocally the most favored nation treatment, you express the
true meaning which is to be given to the second paragraph of the said Agree-
ment, I have the honor to inform you in the name of His Majesty's Govern-
ment that, in accord with what is stated in your Note, the true meaning of said
paragraph shall be deemed to be as follows :
The products and manufactures of the United States will pay at their
entrance into Spain at the rates of the second or minimum tariff of the
652 SPAIN
Spanish tariff law, it being understood that every decrease of duty accorded
by Spain by law or in the commercial pacts now made, or which in future
shall be made with other nations will be immediately applicable to the United
States, exception only being made of the special advantages conceded to
Portugal.
It is also agreed that the words United States wherever used in the said
Agreement shall be deemed to include the territories and possessions of the
United States to which the general tariff laws governing imports into the
States admitted into the Union are applied.
The above is to be taken as the accepted construction of the existing Agree-
ment, and as the measure of the respective rights of the two countries under
the said Convention.
I avail myself of this occasion to renew to you the assurances of my dis-
tinguished consideration.
Robert M. Winthrop J. Perez Caballero
Charge a" Affaires of the
United States of America
ARBITRATION
Convention signed at Washington April 20, 1908
Senate advice and consent to ratification April 22, 1908
Ratified by Spain May 11, 1908
Ratified by the President of the United States May 28, 1908
Ratifications exchanged at Washington June 2, 1908
Entered into force June 2, 1908
Proclaimed by the President of the United States June 3, 1908
Extended by agreements of May 29, 1913, r and March 8, 1919 2
Expired June 2, 1923
35 Stat. 1957; Treaty Series 493
The Government of the United States of America and the Government
of His Majesty the King of Spain, signatories of the Convention for the
pacific settlement of international disputes, concluded at The Hague on the
29th July, 1899; 3
Taking into consideration that by Article XIX of that Convention the
High Contracting Parties have reserved to themselves the right of concluding
Agreements, with a view to referring to arbitration all questions which
they shall consider possible to submit to such treatment;
Have authorized the Undersigned to conclude the following Convention :
Article I
Differences which may arise of a legal nature, or relating to the interpre-
tation of treaties existing between the two Contracting Parties, and which
it may not have been possible to settle by diplomacy, shall be referred to the
Permanent Court of Arbitration established at The Hague by the Conven-
tion of the 29th July, 1899, provided, nevertheless, that they do not affect
the vital interests, the independence, or the honor of the two Contracting
States, and do not concern the interests of third Parties.
Article II
In each individual case the High Contracting Parties, before appealing
to the Permanent Court of Arbitration, shall conclude a special Agreement
1 TS 586, post, p. 657.
' TS 644, post, p. 666.
*TS 392, ante, vol. 1, p. 230.
653
654 SPAIN
defining clearly the matter in dispute, the scope of the powers of the arbi-
trators, and the periods to be fixed for the formation of the Arbitral Tribunal
and the several stages of the procedure. It is understood that on the part
of the United States such special agreements will be made by the President
of the United States, by and with the advice and consent of the Senate
thereof, and on the part of Spain shall be subject to the procedure required
by her laws.
Article III
The present Convention is concluded for a period of five years dating from
the day of the exchange of the ratifications.
Article IV
The present Convention shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof;
and by His Majesty the King of Spain. The ratifications shall be exchanged
at Washington as soon as possible, and the Convention shall take effect
on the date of the exchange of its ratifications.
Done in duplicate in the English and Spanish languages at Washington,
this twentieth day of April in the year one thousand nine hundred and eight.
Elihu Root
R. Pina y Millet
COMMERCIAL RELATIONS
Exchange of notes at Washington February 20, 1909, supplementing
agreement of August 1 and December 20, 1906
Entered into force February 20, 1909
Extended by agreements of October 6 and 22, 1923; 1 April 26 and 27,
1924; 2 and May 2, 1925 3
Supplemented by agreement of October 26 and November 7, 1927 4
Treaty Series 517
The Secretary of State to the Spanish Minister
Department of State
Washington, February 20, 1909
Sir:
In order to meet the wishes of your Government in the matter of the exten-
sion to Spain of the authorized reduction in the tariff duties of the United
States on Spanish sparkling wines, and in order to remove any possible ground
for the exercise by your Government of the right under Article III of the Com-
mercial Agreement signed between the two countries on August 1, 1906,5 to
rescind any of its concessions made therein to the United States, I have the
honor to inform you that the President of the United States deems the conces-
sions made by Spain in favor of the products and manufactures of the United
States as reciprocal and equivalent to the grant by the Government of the
United States of the reduced duties on all the articles of Spanish production
and exportation enumerated in Section 3 of the Tariff Act of the United States
approved July 24, 1897.6
I have therefore the honor to inform you that the President of the United
States will issue his proclamation suspending the duties on sparkling wines
produced in and exported from Spain and substituting therefor the reduced
duties authorized by Section 3 of the Dingley Tariff.
I should be glad to be informed by you as to whether this action, supple-
1 TS 693-A, post, p. 668.
• TS 693-A, post, p. 670.
"TS 7 \6, post, p. 672.
4 TS 758-A, post, p. 680.
TS 453, ante, p. 649.
'30 Stat. 203.
655
308 r.sj ?:: 13
656 SPAIN
mentary to the Agreement of August 1, 1906, will meet completely the wishes
of your Government in the matter.
Accept, Sir, the renewed assurances of my highest consideration.
Robert Bacon
Senor Don Ramon Pina
Minister of Spain
The Spanish Minister to the Secretary of State
[translation]
Spanish Legation
Washington, February 20, 1909
Mr. Secretary : I have the honor to acknowledge the receipt of your
note of this date, in which, while advising me that in order to meet the wishes
of your Government in the matter of the extension to Spain of the authorized
reduction in the tariff duties of the United States on Spanish sparkling wines,
and in order to remove any possible ground for the exercise by my Govern-
ment of the right under Article III of the Commercial Agreement signed be-
tween the two countries on August 1, 1906, to rescind any of its concessions
made therein to the United States, you also informed me that the President
of the United States deemed the concession made by Spain in favor of the
products and manufactures of the United States as reciprocal and equivalent
to the grant by the Government of the United States of the reduced duties on
all articles of Spanish production and exportation enumerated in Section 3 of
the Tariff Act of July 24, 1897, will issue his proclamation suspending the
present duties on sparkling wines produced in or exported from Spain and
substituting therefor the reduced duties authorized by Section 3 of the Dingley
law. I thank Your Excellency for the proposed action which you were pleased
to make known to me and I agree in every particular of the way suggested by
Your Excellency for this additional part of the agreement of August 1, 1906. 1
avail myself of this occasion to reiterate to your Excellency the assurance of
my highest consideration.
R. Pina y Millet
Hon. Robert Bacon
Secretary of State
ARBITRATION
Agreement signed at Washington May 29, 1913, extending agreement
of April 20, 1908
Senate advice and consent to ratification February 21, 1914
Ratified by Spain March 2, 1914
Ratified by the President of the United States March 9, 1914
Ratifications exchanged at Washington March 21, 1914
Entered into force March 21 , 1914; operative from June 2, 1913
Proclaimed by the President of the United States March 23, 1914
Expired June 2, 1918
38 Stat. 1765; Treaty Series 586
Agreement Extending the Duration of the Arbitration Convention
of April 20, 1908
The Government of the United States of America and the Government of
His Majesty the King of Spain, being desirous of extending the period of five
years during which the Abritration Convention concluded between them on
April 20, 1908,1 is to remain in force, which period is about to expire, have
authorized the undersigned, to wit: The Honorable William Jennings Bryan,
Secretary of State of the United States and Senor Don Juan Riano y Gay-
angos, Chamberlain to His Majesty the King of Spain, His Majesty's Envoy
Extraordinary and Minister Plenipotentiary at Washington, to conclude the
following agreement:
Article I
The Convention of Arbitration of April 20, 1908, between the Government
of the United States of America and the Government of His Majesty the King
of Spain, the duration of which by Article III thereof was fixed at a period
of five years from the date of the exchange of ratifications of said Convention,
which period will terminate on June 2, 1913, is hereby extended and con-
tinued in force for a further period of five years from June 2, 1913.
Article II
The present Agreement shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof,
1 TS 493, ante, p. 653.
657
658 SPAIN
and by the Government of His Majesty the King of Spain, in accordance with
its Constitution and laws, and it shall become effective upon the date of the
exchange of ratifications, which shall take place at Washington as soon as
possible.
Done in duplicate, in the English and Spanish languages, at Washington,
this twenty-ninth day of May, one thousand nine hundred and thirteen.
William Jennings Bryan [seal]
Juan Riano y Gayangos [seal]
MINING RIGHTS IN MEXICO
Exchange of notes at Washington July 2 and 6, 1914
Entered into force July 6, 1914
1914 For. Rel. 720
The Secretary of State to the Spanish Ambassador
Department of State
Washington, July 2, 1914
Excellency:
I have the honor to propose that this Government and the Spanish
Government agree that they will withhold all diplomatic support from their
respective citizens or subjects, who claim directly or indirectly, title or
interest in mines or mining rights in Mexico, which they have acquired
since January 1, 1913, or may hereafter acquire, directly or indirectly, by
reason of the cancellation of contracts, leases or other forms of conveyance
or by reason of the confiscation or taking by de facto authorities of mines or
mining rights, in which American citizens or Spanish subjects are interested,
on the ground of default in contractual obligations or non-compliance with
legal requirements, provided such default or non-compliance was unavoid-
able because of military operations or political disturbances in Mexico.
It should however, be distinctly understood that this agreement will not
apply to any case in which the failure of the American or Spanish owner
of an interest in mines or mining rights in Mexico to perform his contractual
obligations or to comply with a legal requirement was not the direct result
of the political unrest prevailing in Mexico at the time of default, or to
any case of bona fide transfer.
If the proposed agreement relative to mines and mining rights in Mexico
is acceptable to your Government, a note stating its acceptance will be
considered by this Government as putting the agreement into effect.
Accept [etc.] W. J. Bryan
659
660 SPAIN
The Spanish Ambassador to the Secretary of State
Spanish Embassy
Washington, July 6, 1914
Mr. Secretary:
I have the honor to acknowledge receipt of your excellency's note of
July 2, 1914, in which you state:
[For text of U.S. note, see above.]
I have the honor, in reply to this note, to inform you that I am authorized
by my Government to accept the agreement proposed by your excellency,
and I do accept it, at the same time assuring you of my highest consideration.
Juan Riano
ADVANCEMENT OF PEACE
Treaty signed at Washington September 15, 1914
Senate advice and consent to ratification September 25, 1914
Ratified by the President of the United States November 23, 1914
Ratified by Spain November 23, 1914
Ratifications exchanged at Washington December 21, 1914
Entered into force December 21, 1914
Proclaimed by the President of the United States December 23, 1914
Amended by agreement of November 16 and December 20, 1915 l
38 Stat. 1862; Treaty Series 605
Treaty for the Settlement of Disputes between the Two Countries
The President of the United States of America and His Majesty the King
of Spain, desiring to strengthen the friendly relations which unite their two
countries and to serve the cause of general peace, have decided to conclude
a treaty for these purposes and have consequently appointed the plenipo-
tentiaries designated hereinafter, to-wit:
The President of the United States of America, the Honorable William
Jennings Bryan, Secretary of State of the United States; and
His Majesty the King of Spain, His Excellency Senor Don Juan Riaho y
Gayangos, His Ambassador in Washington;
Who, after exhibiting to each other their full powers, found to be in due
and proper form, have agreed upon the following articles:
Article 1
Any disputes arising between the Government of the United States of
America and the Government of Spain, of whatever nature they may be,
shall, when ordinary diplomatic proceedings have failed and the High Con-
tracting parties do not have recourse to arbitration, be submitted for investi-
gation and report to a Permanent International Commission constituted
in the manner prescribed in the following article.
The High Contracting Parties agree not to resort, with respect to each
'TS 605 -A, /««*, p. 664
661
662 SPAIN
other, to any act of force during the investigation to be made by the Com-
mission and before its report is handed in.
Article 2
The International Commission shall be composed of five members ap-
pointed as follows: Each Government shall designate two members, only
one of whom shall be of its own nationality; the fifth member shall be
designated by common consent and shall not belong to any of the nationali-
ties already represented on the Commission; he shall perform the duties of
President.
In case the two Governments should be unable to agree on the choice of
the fifth commissioner, the other four shall be called upon to designate
him, and failing an understanding between them, the provisions of article 45
of The Hague Convention of 1907 shall be applied.
The Commission shall be organized within six months from the exchange
of ratifications of the present convention.2
The members shall be appointed for one year and their appointment may
be renewed. They shall remain in office until superseded or reappointed, or
until the work on which they are engaged at the time their office expires is
completed.
Any vacancies which may arise (from death, resignation, or cases of
physical or moral incapacity) shall be filled within the shortest possible period
in the manner followed for the original appointment.
The High Contracting Parties shall, before designating the Commissioners,
reach an understanding in regard to their compensation. They shall bear by
halves the expenses incident to the meeting of the Commission.
Article 3
In case a dispute should arise between the High Contracting Parties which
is not settled by the ordinary methods, each Party shall have a right to ask
that the investigation thereof be intrusted to the International Commission
charged with making a report. Notice shall be given to the President of the
International Commission, who shall at once communicate with his colleagues.
In the same case the President may, after consulting his colleagues and
upon receiving the consent of a majority of the members of the Commission,
offer the services of the latter to each of the Contracting Parties. Acceptance
of that offer declared by one of the two Governments shall be sufficient to
give jurisdiction of the case to the Commission in accordance with the fore-
going paragraph.
The place of meeting shall be determined by the Commission itself.
3 For an extension of time for appointment of commission, see agreement of Nov. 16
and Dec. 20, 1915 (TS 605-A), post, p. 664.
ADVANCEMENT OF PEACE— SEPTEMBER 15, 1914 663
Article 4
The two High Contracting Parties shall have a right, each on its own part,
to state to the President of the Commission what is the subject-matter of the
controversy. No difference in these statements, which shall be furnished by
way of suggestion, shall arrest the action of the Commission.
Article 5
As regards the procedure which it is to follow, the Commission shall as far
as possible be guided by the provisions contained in articles 9 to 36 of Con-
vention 1 of The Hague of 1907.3
The High Contracting Parties agree to afford the Commission all means
and all necessary facilities for its investigation and report.
The work of the Commission shall be completed within one year from
the date on which it has taken jurisdiction of the case, unless the High Con-
tracting Parties should agree to set a different period.
The conclusion of the Commission and the terms of its report shall be
adopted by a majority. The report, signed only by the President acting by
virtue of his office, shall be transmitted by him to each of the Contracting
Parties.
The High Contracting Parties reserve full liberty as to the action to be
taken on the report of the Commission.
Article 6
The present treaty shall be ratified by the President of the United States
of America, with the advice and consent of the Senate of the United States,
and by His Majesty the King of Spain.
It shall go into force immediately after the exchange of ratifications and
shall last five years.
Unless denounced six months at least before the expiration of the said
period of five years, it shall remain in force until the expiration of a period of
twelve months after either party shall have notified the other of its intention
to terminate it.
In witness whereof the respective plenipotentiaries have signed the present
treaty and have affixed thereunto their seals.
Done at Washington this 15th day of September, in the year nineteen
hundred and fourteen.
William Jennings Bryan [seal]
Juan Riano y Gayangos [seal]
TS536, ante, vol. l,p. 587
308 582 73 II
ADVANCEMENT OF PEACE
Exchange of notes at Washington November 16 and December 20,
1915, amending treaty of September 15, 1914
Entered into force December 20, 1915
Terminated upon fulfillment of its terms
Treaty Series 605-A
The Secretary of State to the Spanish Ambassador
November 16, 1915
Excellency'
The time specified in the Treaty of September 15, 1914,1 between the
United States and Spain, looking to the advancement of the general cause of
peace, for the appointment of the International Commission having expired,
without the United States non-national Commissioner, the Spanish Commis-
sioners and the Joint Commissioner being named, I have the honor to suggest
for the consideration of your Government that the time within which the
organization of the Commission may be completed be extended from June 21,
1915 to February 15, 1916.
Your formal notification in writing, that your Government receives the
suggestion favorably, will be regarded on this Government's part as sufficient
to give effect to the extension, and I shall be glad to receive your assurance
that it will be so regarded by your Government also.
Accept, Excellency, the renewed assurances of my highest consideration.
Robert Lansing
His Excellency
Senor Don Juan Riano y Gayangos
The Ambassador of Spain
JTS 605, ante, p. 661.
664
ADVANCEMENT OF PEACE— NOV. 16 AND DEC. 20, 1915 665
The Spanish Ambassador to the Secretary of State
[translation]
Washington, December 20, 1915
Mr. Secretary:
With reference to Your Excellency's note of November 16 last, I have the
honor to inform you that His Majesty's Government, according to a telegram
I have received, concurs in extending from the 21st of June, 1915, to the 15th
of February, 1916, the time set by the Treaty of September 15, 1914, for the
appointment of the International Commission therein specified.
In so informing Your Excellency, I avail myself of this opportunity to
renew to you the assurance of my highest consideration.
Juan Riano
To the Honorable
Robert Lansing
Secretary of State of the United States
Etc., Etc., Etc.
ARBITRATION
Agreement signed at Washington March 8, 1919, extending agreement
of April 20, 1908, as extended
Senate advice and consent to ratification July 17, 1919
Ratified by the President of the United States July 29, 1919
Ratified by Spain August 5,1919
Ratifications exchanged at Washington October 14, 1919
Entered into force October 14, 1919; operative from June 2, 1918
Proclaimed by the President of the United States October 15, 1919
Expired June 2, 1923
41 Stat. 1673; Treaty Series 644
The Government of the United States of America and the Government
of His Majesty the King of Spain, being desirous of extending for another
five years the period during which the Arbitration Convention concluded be-
tween them on April 20, 1908,1 extended by the agreement concluded be-
tween the two Governments on May 29, 1913,2 shall remain in force, have
authorized the undersigned, to wit :
The Honorable Frank L. Polk, Acting Secretary of State of the United
States, and
His Excellency, Senor Don Juan Riafio y Gayangos, Chamberlain to His
Majesty the King of Spain, Ambassador Extraordinary and Plenipotentiary
of His Majesty at Washington,
To conclude the following agreement :
Article I
The Convention of Arbitration of April 20, 1908, between the Govern-
ment of the United States of America and the Government of His Majesty
the King of Spain, the duration of which by Article III thereof was fixed
at a period of five years from the date of the exchange of ratifications of the
said Convention on June 2, 1908, which period, by the agreement of May 29,
1913, between the two Governments was extended for five years from June 2,
1 TS 493, ante, p. 653.
3 TS 586, ante, p. 657.
666
ARBITRATION— MARCH 8, 1919 667
1913, is hereby renewed and continued in force for a further period of five
years from June 2, 1918.
Article II
The present Agreement shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof,
and by the Government of His Majesty, the King of Spain, in accordance
with its Constitution and laws, and it shall become effective upon the date of
the exchange of ratifications, which shall take place at Washington as soon
as possible.
Done in duplicate, in the English and Spanish languages, at Washington,
this eighth day of March, one thousand nine hundred and nineteen.
Frank L. Polk [seal]
Juan Riano y Gayangos [seal]
COMMERCIAL RELATIONS
Exchange of notes at Madrid October 6 and 22, 1923, extending agree-
ment of August 1, 1906, as supplemented
Entered into force October 22, 1923; operative November 5, 1923
Expired May 5, 1924
Treaty Series 693-A
The President of the Military Directorate, Ministry of State, to the American
Ambassador
[translation]
no. 119 Madrid, October 6, 1923
Excellency:
With reference to our recent conversations concerning the future regime
which is to regulate commercial relations between the United States and
Spain, I have the honor to inform Your Excellency that I have no objection
to agreeing to your proposal and that I am hence willing to agree that the
Commercial Arrangement of August 1, 1906,1 existing between the two
countries and which expires on November 5th of the present year, shall be
prorogued for a period of six months counting from that date, or, in other
words until May 5, 1924, without however such prorogation signifying in
any case whatsoever the application, during the course of the six months of
its duration, of any commercial change or advantage which may be estab-
lished in Treaties between Spain and other nations and which may be en-
forced after the aforementioned date.
Hence I consider that the present agreement will be concluded and the
aforesaid prorogation consequently agreed upon by the exchange of this Note
with such Note as Your Excellency may address to me expressing Your con-
formity therewith.
I avail myself of this occasion to renew to Your Excellency the assurances
of my high consideration.
Marques de Estella
His Excellency
Alexander P. Moore
Ambassador of the United States of America
1 TS 453, ante, p. 649.
668
COMMERCIAL RELATIONS— OCTOBER 6 AND 22, 1923 669
The American Ambassador to the President of the Military Directorate,
Ministry of State
No. 64 Madrid, October 22, 1923
Excellency:
I have the honor to refer to Your Excellency's Note No. 119, of Octo-
ber 6th last, which read as follows :
[For text of Spanish note, see above.]
On behalf of my Government I accept the prorogation of the Treaty in the
manner outlined in Your Excellency's abovementioned Note.
I avail myself of this occasion to renew to Your Excellency the assurances
of my highest consideration.
Alexander P. Moore
His Excellency
The Marquis of Estella
President of the Military Directorate
Ministry of State, Madrid
2 For text of two paragraphs dealing with negotiations for a new treaty of commerce
which were omitted from TS 693-A, see 1923 For. Rel. (II) 874.
COMMERCIAL RELATIONS
Exchange of notes at Madrid April 26 and 27, 1924, extending agree-
ment of August 1 , 1906,1 as supplemented and extended
Entered into force April 27, 1924; operative May 5, 1924
Expired May 5, 1925
Treaty Series 693-A
The President of the Military Directorate, Ministry of State, to the American
Ambassador
[TRANSLATION]
No. 40 Madrid, April 26, 1924
Excellency:
As a result of our conversations regarding the operation of the Commercial
Agreement, agreed to by Spain and the United States through the exchange
of Notes dated October 6th and 22d, 1923,2 1 have the honor to inform Your
Excellency that the Government of His Majesty agrees to postpone for one
year, or until May 5, 1925, the date of expiration of the above-mentioned
Agreement.
Consequently, I consider that this postponement will be agreed to through
the exchange of this Note with that which Your Excellency will be good
enough to send me, expressing your concurrence therein.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my high consideration.
Marques de Estella
His Excellency
Mr. Alexander P. Moore
Ambassador of the United States of America
1 TS 453, ante, p. 649.
a TS 693-A, ante, p. 668.
670
COMMERCIAL RELATIONS— APRIL 26 AND 27, 1924 671
The American Ambassador to the President of the Military Directorate,
Ministry of State
no. 146 Madrid, April 27, 1924
Excellency:
I have the honor to acknowledge Your Excellency's courteous note No. 40,
of April 26th, 1924, in which was expressed the agreement of His Majesty's
Government to the postponement for one year, or until May 5, 1925, of the
date of expiration of the Commercial Treaty at present in force between our
two countries.
On behalf of my Government, I accept this postponement, as outlined in
Your Excellency's above-mentioned Note, and consider this as definitely
arranged through the exchange of Your Excellency's Note under acknowl-
edgment and this present one.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest consideration.
Alexander P. Moore
His Excellency
The Marquis of Estella
President of the Military Directorate
Madrid
COMMERCIAL RELATIONS
Exchange of notes at Madrid May 2, 1925, extending agreement of
August 1, 1906,1 as supplemented and extended
Entered into force May 2, 1925; operative May 5, 1925
Replaced by agreement of October 26 and November 7, 1927 2
Treaty Series 716
The President of the Military Directorate, Ministry of State, to the American
Ambassador
[TRANSLATION]
No. 53 Madrid, 2 May, 1925
Mr. Ambassador: Dear Sir:
As a result of the conversations had regarding the commercial arrange-
ment between Spain and the United States, I have the honor to inform Your
Excellency that the Government of His Majesty is willing that the agreement
reached in this respect by the exchange of Notes of April 26 [and 27], 1924,3
remain in force until May 5, 1926, instead of until May 5, 1925; it being
understood that if at least three months before May 5, 1926, the said arrange-
ment be not denounced by either of the Contracting Parties, it shall continue
in force indefinitely thereafter and until three months have elapsed, counting
from the day of its denouncement by either of the Contracting Parties.
In view of the foregoing, the Government of His Majesty will consider that
the agreement has been effected by the exchange of the present Note and that
which Your Excellency will be kind enough to address to me expressing your
conformity thereto.
I avail myself of this opportunity to renew to Your Excellency the assur-
ance of my highest consideration.
El Marques de Magaz
His Excellency
Alexander P. Moore
Ambassador of the United States of America
1 TS 453, ante, p. 649.
a TS 758-A, post, p. 680.
3 TS 693-A, ante, p. 670.
672
COMMERCIAL RELATIONS— MAY 2, 1925 673
The American Ambassador to the President of the Military Directorate,
Ministry of State
no. :ii3 Madrid, 2 May, 1925
Excellency:
I have the honor to acknowledge receipt of the courteous Note of Your
Excellency's Government, No. 53 of May 2, 1925, in which I am informed
that the Government of His Majesty is willing that the agreement reached in
respect of the commercial arrangement between the United States and Spain
by the exchange of Notes of April 26, 1924, remain in force until May 5,
1926, instead of until May 5, 1925; and that it is understood that if at least
three months before May 5, 1926, the said arrangement be not denounced
by either of the Contracting Parties it shall continue in force indefinitely
thereafter and until three months have elapsed counting from the date of its
denouncement by either of the Contracting Parties.
On behalf of my Government, I accept the proposal, as outlined in the
Note under acknowledgment, and I consider that the agreement has been
effected by the exchange of this Note and Note No. 53 of Your Excellency's
Government.
Accept, Excellency, the renewed assurance of my highest consideration.
Alexander P. Moore
His Excellency
The Marquis of Estella
President of the Military Directorate
Ministry of State
Madrid
REDUCTION OF VISA FEES FOR
NONIMMIGRANTS
Exchange of notes at Madrid June 19 and 27, 1925
Entered into force June 27, 1925; operative July 1 , 1925
Terminated August 12, 1939 1
Department of State files
The Acting Minister for State to the American Ambassador
[translation]
No 102 Madrid, June 19, 1925
Excellency:
My dear Sir: With reference to the representations made by Your Ex-
cellency to the Government of His Majesty with a view to modifying the
passport regulations between our respective countries, in order to facilitate
touring and thus benefit the relations of both, I have the honor to inform
you that in accordance with the proposition of Your Excellency this Ministry
would be disposed to apply, from a date to be agreed upon, the general
single tariff of 10 pesetas for a visa good for a year for passports of North
American citizens with the sole exception of emigrants. It is to be understood
that with this exception the rate for the visa of Spanish passports by North
American Consular authorities shall be $1.50 or the commercial equivalent
of 10 pesetas at the daily rate of exchange.
In case no objection be perceived to the foregoing arrangement, I request
Your Excellency to be good enough to notify to me the date on which you
desire it to take effect. If suitable, the 1st of next July is suggested as a con-
venient date.
I avail myself of this occasion to renew to Your Excellency the assurance
of my highest consideration.
F. ESPINOSA DE LOS MONTEROS
His Excellency
Alexander P. Moore
American Ambassador
&., &., &.
1 Pursuant to notice of denunciation given by Spain Aug. 30, 1939.
674
VISA FEES— JUNE 19 AND 27, 1925 675
The American Ambassador to the President of the Military Directorate,
Ministry of State
No 346 Madrid, 27 June, 1925
Excellency:
I have had the honor to receive the courteous Note of Your Excellency,
No. 102 of June 19, 1925, in which, in response to my representations for the
modification of the visa fees of the United States and Spain, Your Excellency
informs me that the Spanish Government agrees to apply the general single
tariff of ten (10) pesetas for passport visas valid for a year of American
citizens of the nonimmigrant class. Your Excellency adds that, with the sole
exception of immigrants, you understand that the rate for the visa of Spanish
passports by the American authorities shall be one dollar and a half ($1.50)
United States currency.
In reply, I have the honor to accept on behalf of my Government the
arrangement as outlined hereinbefore, it being understood that applications
for visas shall be gratis and that the visas themselves shall be good for an
unlimited number of journeys during the period of their validity. At the
same time, I hasten to express my conformity with the suggestion of Your
Excellency that July 1st, next, would be a convenient date on which to
initiate the agreement.
Accept, Excellency, the renewed assurance of my highest consideration.
Alexander P. Moore
His Excellency
The Marquis of Estella
President of the Military Directorate
Ministry of State
Madrid
SUPPRESSION OF SMUGGLING
Convention signed at Washington February 10, 1926
Senate advice and consent to ratification March 3, 1926
Ratified by the President of the United States March 30, 1926
Ratified by Spain July 20, 1926
Ratifications exchanged at Washington November 17, 1926
Entered into force November 17, 1926
Proclaimed by the President of the United States November 17, 1926
44 Stat. 2465; Treaty Series 749
The President of the United States of America and His Catholic Majesty
the King of Spain being desirous of avoiding any difficulties which might arise
between them in connection with the laws in force in the United States
on the subject of alcoholic beverages have decided to conclude a Convention
for that purpose, and have appointed as their Plenipotentiaries :
The President of the United States of America; the Honorable Frank B.
Kellogg, Secretary of State of the United States ; and
His Catholic Majesty the King of Spain; Don Juan Riaiio y Gayangos,
His Ambassador Extraordinary and Plenipotentiary at Washington, Knight
Grand Cross of the Royal and Distinguished Order of Charles III, Grand
Cross of Isabel the Catholic, Grand Cross of the Military Merit, Grand Cross
of the Naval Merit, Grand Star of Honor of the Spanish Red Cross, Gold
Medal of the San Payo Bridge, Grand Cross of the Order of Cambodge,
Danebrog of Denmark and Saint Olaf of Norway, Commander of the
Legion of Honor of France, Knight of Leopold of Belgium, of the Concep-
tion of Villaviciosa of Portugal, His Gentleman of the Chamber, etc., etc., etc. ;
Who, having communicated their full powers found in good and due form
have agreed as follows :
Article I
The High Contracting Parties respectively retain their rights, without
prejudice by reason of this agreement, with respect to the extent of their
territorial jurisdiction.
676
SMUGGLING— FEBRUARY 10, 1926 677
Article II
His Majesty, the King of Spain, agrees that he will raise no objection
to the boarding of Spanish merchant vessels outside the limits of territorial
waters by the authorities of the United States, its territories or possessions in
order that enquiries may be addressed to those on board and an examination
be made of the ship's papers for the purpose of ascertaining whether the vessel
or those on board are endeavoring to import or have imported alcoholic
beverages into the United States, its territories or possessions in violation of
the laws there in force. When such inquiries and examination show a reason-
able ground for suspicion, a search of the vessel, which shall have given
ground for such suspicion, may be initiated.
Article III
If there is reasonable cause for belief that the vessel has committed or is
committing or attempting to commit an offense against the laws of the United
States, its territories or possessions prohibiting the importation of alcoholic
beverages, the vessel may be seized and taken into a port of the United
States, its territories or possessions for adjudication in accordance with the
pertinent provisions of law.
Article IV
The boarding referred to in Article II of this Convention shall not be made
at a greater distance from the coast of the United States its territories or
possessions than can be traversed in one hour by the vessel suspected of
endeavoring to commit the offense. In cases, however, in which the liquor
is intended to be conveyed to the United States, its territories or possessions
by a vessel other than the one boarded and searched, it shall be the speed
of the first of the said vessels and not the speed of the vessel boarded, which
shall determine the distance from the coast within which the action referred
to in Article II may be taken.
Article V
No penalty or forfeiture under the laws of the United States shall be
applicable or attach to alcoholic liquors or to vessels or persons by reason
of the carriage of such liquors when they are listed as sea stores or cargo
destined for a port foreign to the United States, it territories or possessions
on board Spanish vessels voyaging to or from ports of the United States,
or its territories or possessions or passing through the territorial waters thereof,
and such carriage shall be as now provided by law with respect to the transit
of such liquors through the Panama Canal, provided that such liquors shall
be kept under seal continuously while the vessel on which they are carried
remains within said territorial waters and that no part of such liquors shall
678 SPAIN
at any time or place be unladen within the United States, its territories or
possessions.
Article VI
Any claim preferred in behalf of a Spanish vessel for compensation on
the grounds that it has suffered loss or injury through the improper or
unreasonable exercise of the rights conferred by Article II of this Treaty
or on the ground that it has not been given the benefit of Article V shall be
referred for the joint consideration of two persons one of whom shall be
nominated by each of the High Contracting Parties and whose decision shall
be given effect, if made in common accord.
Otherwise, that is to say when the said persons shall fail to agree, the
claim shall be referred to the Permanent Court of Arbitration at The Hague
created by the Convention for the Pacific Settlement of International Dis-
putes, signed at The Hague, October 18, 1907. 1 The Arbitral Tribunal shall
be constituted in accordance with Articles 87 and 59 (Chapters 4 and 3 of
that Convention ) . The proceedings shall be regulated by the provisions
in the said Chapters 3 and 4 (special regard being had to Articles 70 and 74
but excepting Articles 53 and 54) which the Tribunal may consider to be
applicable and to be consistent with the provisions of this agreement. The
sums of money which may be awarded by the Tribunal on account of any
claim shall be paid within eighteen months after the date of the final award
without interest and without deduction save as hereafter specified. Each
Government shall bear its own expenses. The expenses of the Tribunal shall
be defrayed by a ratable deduction of the amount of the sums awarded by
it, at a rate of five percent on such sums, or at such lower rate as may be
agreed upon between the two Governments; the deficiency, if any, shall be
defrayed in equal moieties by the two Governments.
Article VII
This Convention shall be ratified by both parties in accordance with
their respective constitutional methods. It shall come into force on the day
of the exchange of ratifications, which shall take place at Washington as soon
as possible and shall remain in force for one year.
Three months before the expiration of the said period of one year, either
of the High Contracting Parties may give notice of its desire to propose modi-
fications in the terms of the Convention. If such modifications have not
been agreed upon before the expiration of the term of one year mentioned
above, the Convention shall lapse at the end of said period. If no notice is
given on either side of the desire to propose modifications, the Convention
shall remain in force for another year, and so on automatically, but sub-
ject always in respect of each such period of a year to the right on either side
'TS 536, ante, vol. 1, p. 577.
SMUGGLING— FEBRUARY 10, 1926 679
to propose as provided above three months before its expiration modifica-
tions in the Convention that they may deem expedient and in case they fail
to arrive at an agreement regarding these before the end of the term, the
Convention will cease and determine at the end of said period.
Article VIII
In the event that either of the High Contracting Parties shall be prevented
either by judicial decision or legislative action from giving full effect to the
provisions of the present Convention, the said Convention shall automati-
cally lapse, and, on such lapse or whenever this Convention shall cease to
be in force, each High Contracting Party shall enjoy all the rights which
it would have possessed had this Treaty not been concluded.
In witness whereof the respective Plenipotentiaries have signed the pres-
ent Convention in duplicate, in the English and Spanish languages, and
have thereunto affixed their seals.
Done at the city of Washington this tenth day of February, one thousand
nine hundred and twenty-six.
Frank B. Kellogg [seal]
Juan Riano y Gayangos [seal]
COMMERCIAL RELATIONS
Spanish Royal Decree dated May 25, 1927 ; exchange of notes at
Madrid October 26 and November 7, 1927, supplementing agree-
ment of August 1, 1906, as supplemented and extended; Spanish
statement dated November 7 , 1927
Entered into force November 27, 1927
Modified by agreement of May 4 and July 11, 1946 *
Superseded August 29, 1963, by protocol for accession of Spain to
General Agreement on Tariffs and Trade 2
Treaty Series 758-A
Spanish Royal Decree No. 958
[translation]
In accord with my Council of Ministers and as submitted by its President
I make the following decree :
"Article One. From the date of publication in the Madrid Gazette 3
of this decree merchandise proceeding from the United States of North Amer-
ica shall enjoy most-favored-nation treatment as resulting from the applica-
tion of commercial treaties now having consolidated duties and for such time
as the said consolidation lasts. In this sense the extension of the modus vivendi
of August 1st, 1906,4 arranged by exchange of notes dated October 6th and
22nd, 1923,5 is to be interpreted.
"Article Two. Application of the foregoing provision shall have a maxi-
mum duration of six months and carries with it the obligation to make within
that period a commercial treaty of mutual reciprocity which will bring about
complete stability in the commercial relations between the two countries.
"Article Three. As a consequence of the provisions contained in the two
foregoing articles the extension of the said modus vivendi of August 1st, 1906,
shall be considered as having been denounced in order that, on the termina-
'TIAS 1572, post, p. 705.
2 15 UST 2571; TIAS 5749.
3 May 26, 1927.
* TS 453, ante, p. 649.
5 TS 693-A, ante, p. 668.
680
COMMERCIAL RELATIONS— OCTOBER 26 AND NOVEMBER 7, 1927 681
tion of its operation and within the period of six months hereinbefore men-
tioned, the new treaty that shall have been negotiated may go into effect."
Done at the Palace, May 25, 1927.
Alfonso
President of the Council of Ministers
Miguel Primo de Rivera y Orbaneja
Exchange of Notes
The American Ambassador to the Minister of State
No. 371 Madrid, October 26, 1927
Excellency:
In view of the expiration on November 27th next of the six months
term set by his Majesty's Decree of June 27th [May 25] last, granting un-
conditional most favored nation treatment to American products in Spain,
and pending the conclusion of a definite commercial agreement between our
two countries, I have the honor, under instructions from my Government,
to propose to that of His Majesty an indefinite extension, subject, of course,
to denunciation on due notice (say three months), of the regime at present
obtaining under the Royal Decree above mentioned.
It is the intention of my Government to make a full and considered reply
to Your Excellency's note of August 31st last, dealing with each of the eight
articles therein mentioned as affording ground for Spanish complaint. How-
ever, the preparation of this note must await the return to the United States
of Dr. Kisliuk, the extension of whose mission at Your Excellency's request to
include the Canary Islands, will make it impossible to reply to your note above
mentioned before the expiration of the modus vivendi on November 27th
next. It would, therefore, seem desirable from the point of view of both coun-
tries that the present regime be extended as above suggested, in harmony with
the views which Your Excellency expressed to me during our interview on the
subject at Santander on the 1 7th of August last. This would seem the more
desirable in order that the Spanish complaints may be considered without
prejudice and in order that business between the two countries may no longer
be hampered by the present uncertainty.
I avail myself of this occasion to renew to Your Excellency the assurance
of my high consideration.
Ogden H. Hammond
His Excellency
Marques de Estella
Minister of State
Madrid
682 SPAIN
The Minister of State to the American Ambassador
[translation]
no. 262 Madrid, November 7, 1927
Excellency: Dear Sir:
In your note No. 371, of October 26, 1927, Your Excellency is good
enough to propose, by virtue of instructions from your Government, an in-
definite extension of the existing commercial regime between Spain and the
United States, subject, of course, to a denouncement, which might be for three
months, in view of the fact that on the 27th of November of the present year
the six months term fixed by the Royal Decree of June 27th last, expires, which
date Your Excellency mentions doubtless in error, since the true date is the
25th of May last, which granted to the products of your country most favored
nation treatment.
Your Excellency bases this proposal upon the impossibility of your Govern-
ment giving a complete and detailed reply before the 27th of November to my
Note of August 31st last, in which I again requested that before the negotia-
tion of a new commercial treaty, the various points at issue be solved or satis-
factorily explained, which affect the importation and commerce of certain
Spanish products in the United States and which I mentioned in another note
directed to Your Excellency under date of June 24th last, such as the question
of the Almeria grapes, oranges and lemons, tomatoes, chestnuts and hazelnuts,
preserved peppers, and short firearms ; which impossibility is due to the fact
that Dr. Kisliuk has not yet completed the mission entrusted to him by your
Government, to investigate the sanitary condition of the grape production in
the Province of Almeria and which, at my request, was extended to include a
similar investigation of the Canary Island tomatoes.
Replying to the above-mentioned note, I have the honor to inform Your
Excellency, on behalf of His Majesty's Government, that the latter, taking into
consideration the reasons mentioned by Your Excellency, agrees to continue
provisionally the application to the products of the United States from the
27th of November of the present year, most favored nation treatment, as was
granted thereto by the Royal Decree of May 25th last, which regime will
cease upon three months denunication or upon the conclusion of a new com-
mercial treaty between Spain and the United States.
I avail myself of this opportunity for repeating to Your Excellency the as-
surances of my high consideration.
Marques de Estella
H. E. Mr. Ogden H. Hammond
Ambassador of the United States of America
COMMERCIAL RELATIONS— OCTOBER 26 AND NOVEMBER 7, 1927 683
Spanish Statement 6
[translation]
The Government of His Majesty, accepting the proposal made to it by that
of the United States has agreed to continue applying temporarily to the prod-
ucts of the latter country, from the 27th of the present month of November,
most favored nation treatment as granted them by the Royal Decree of May
25th last, which regime will cease three months from its denouncement or
upon the conclusion of a new commercial agreement between both countries.
Which I make public for general knowledge.
Madrid, November 7 , 1927
Secretary General
B. Almeida
Published in Madrid Gazette, Nov. 12, 1927.
NARCOTIC DRUGS
Exchange of notes at Madrid February 3, March 10, and May 24,
1928
Entered into force May 24, 1928
Department of State files
The American Charge d' Affaires ad interim to the Minister of State
No 435 Madrid, February 3, 1928
Excellency :
I have the honor to inform Your Excellency that the Treasury Department
has requested that an effort be made to establish closer cooperation between
the appropriate administrative officials of the United States and certain
European countries. To this end, I am instructed to ascertain whether the
following system would be agreeable to His Majesty's Government:
1. The direct exchange between the Treasury Department and the cor-
responding office in the foreign country of information and evidence with
reference to persons engaged in the illicit traffic. This would include such
information as photographs, criminal records, finger prints, Bertillon measure-
ments, description of the methods which the persons in question have been
found to use, the places from which they have operated, the partners they have
worked with, etc. ;
2. The immediate direct forwarding of information by letter or cable as
to the suspected movements of narcotic drugs, of those involved in smuggling
drugs, if such movements might concern the other country. Unless such
information as this reaches its destination directly and speedily, it is useless;
3. Mutual cooperation in detective and investigating work.
The officer of the Treasury Department of the United States who would be
in charge, on behalf of my government, of the cooperation in the suppres-
sion of the illicit traffic in narcotics is Colonel L. G. Nutt, whose mail and
telegraph address is Deputy Commissioner in Charge of Narcotics, Treasury
Department, Washington, D.C.
In case the proposed arrangement meets with the approval of His Majesty's
Government, immediately communication may be established with Colonel
684
NARCOTIC DRUGS— FEBRUARY 3-MAY 24, 1928 685
Nutt, and I should be grateful if Your Excellency will cause me to be supplied
with the name of the Spanish official with whom Colonel Nutt should be
familiar.
I avail myself of this opportunity to express assurance of my high
consideration.
Stuart E. Grummon
Charge d' Affaires ad interim
His Excellency
Marques de Estella
Minister of State, Madrid
The Ministry of State to the American Ambassador
[translation]
Num. 6s Madrid, March 10, 1928
Excellency: Dear Sir:
In reply to your Embassy's kind note No. 435 of February 3 last, relative
to the mutual cooperation of the competent authorities of the two countries
in the investigation and repression of the illicit traffic in narcotics, I have the
honor to inform Your Excellency that the competent Service regards as very
efficacious towards lessening or repressing the international illicit traffic of
narcotics the measures that have been proposed by the Government of the
United States, but at this time Spain is unable to name the person or entity
that would have to be in relation with the officer of the Treasury Department
of the country Your Excellency so worthily represents, Colonel Nutt, because
there is now awaiting the decision of the Government of His Majesty a
project connected with the narcotic traffic and measures for the repression of
illicit traffic, whereby it is aimed to eradicate in our country the social vice
of toxicomania, a fight in which Spain takes a keen part, not only for the
purpose of promoting her national interests, but also by giving her help
towards solving those problems from the international viewpoint.
As soon as the entity which is to take up the subject of the traffic in nar-
cotics, in accordance with the new project above referred to, is organized, I
shall hasten to make it known to Your Excellency for the purpose in which
your office is interested.
I avail myself of this opportunity to renew to you the assurances of my high
consideration.
B. Almeida
686 SPAIN
The Ministry of State to the American Ambassador
[translation]
No 153 Madrid, May 24, 1928
Excellency: My dear Sir:
Supplementing my note of March 10th last, in which I informed Your
Excellency that, pending the solution by His Majesty's Government of a
project relating to the traffic in narcotics and the means of suppressing its
illegal traffic, I could not at the moment designate the person or the office
in Spain which could be addressed by the official of the United States
Treasury, Colonel Nutt, I have the honor to enclose herewith to Your Ex-
cellency the Gaceta de Madrid in which is published the Royal Decree-
Law concerning narcotics, on reading which Your Excellency will see that
Colonel Nutt can address the Director del Instituto Tecnico de Comproba-
cion for the work of mutual cooperation toward the suppression of illegal
traffic in narcotics.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my high consideration.
B. Almeida
His Excellency
Mr. Ogden H. Hammond
Ambassador of the United States of America
CLAIMS
Exchanges of notes at Washington August 24, 1927, and May 13 and
June 20, 1929
Entered into force June 20, 1929
47 Stat. 2641 ; Executive Agreement Series 18
The Secretary of State to the Spanish Charge d' Affaires ad interim
Department of State
Washington, August 24, 1927
Sir:
The Ambassador's note of July 26, 1927, with further reference to the claim
of the heirs of Sefior Manuel Arias Brios, and to the suggestions made in my
note of May 31, last, relative to the desirability of an informal consideration
of such claims as either Government may now desire to bring to the attention
of the other, was duly received and has had consideration.
With respect to His Excellency's request for a statement of the precise steps
contemplated for the consideration of such claims, it is suggested ( 1 ) that
each Government should submit to the other on or before a specified date in
the near future, a list of the claims which each desires to urge for the con-
sideration and allowance of the other, together with a brief statement of the
facts. This Government would suggest that such lists should be exchanged
by January 1, 1928. (2) Subsequently, at the expiration of an agreed period
of time, say three months, required for the examination of the claims pre-
sented, the two Governments should designate representatives, one each, to
confer together in an effort to decide upon the merits of the claims, and, if
possible to concur in conclusions as to the appropriate disposition to be made
of each of the claims presented. (3) The claims which the representatives
agree should be paid shall be referred by them to the respective Governments
with their recommendations. (4) Cases in which the representatives do not
agree or in which the recommendations of the representatives are not accepted
by the two Governments might be disposed of by such further agreement as
might at the time seem expedient.
Accept, Sir, the renewed assurances of my high consideration.
Frank B. Kellogg
Sefior Don Mariano De Amoedo y Galarmendi
Charge d' Affaires ad interim of Spain
687
308 582 -:: ir,
688 SPAIN
The Secretary of State to the Spanish Ambassador
Department of State
Washington, May 13, 1929
Excellency :
Reference is made to this Government's note of August 24, 1927, to the
Charge d' Affaires ad interim of Spain concerning an arrangement for the
informal consideration of claims of the United States against Spain and
Spanish claims against this Government.
As no reply to this communication has been received this Government is
uncertain as to the acquiescence of the Spanish Government in the suggestions
made therein. As previously indicated this Government is desirous of settling
all outstanding claims between the two Governments and is willing to submit
for consideration by the Spanish Government a list of claims in which it feels
that satisfaction should be made. Before proceeding to the preparation of such
list, however, it desires to be informed whether the arrangement proposed
in its note of August 24, 1927, is concurred in by the Spanish Government
and whether that Government will submit a list of its claims to this Govern-
ment for use in carrying out the purposes of the proposed arrangement.
It is understood that the claims referred to are distinct from those of Ameri-
can citizens and proteges which have arisen in that part of Morocco com-
monly known as the Spanish Zone and which were made the subject of a
special arrangement through my predecessor's note of November 7, 1927,
and Your Excellency's note of February 1 [11], 1928, in reply thereto.
Accept, Excellency, the renewed assurances of my highest consideration.
Henry L. Stimson
His Excellency
Senor Don Alejandro Padilla y Bell
Ambassador of Spain
The Spanish Ambassador to the Secretary of State
[translation]
Royal Spanish Embassy
no. so/23 Washington, June 20, 1929
Mr. Secretary:
With reference to Your Excellency's kind note of May 13, 1929, relating
to the previous one of August 24, 1927, in which was expressed a desire on
the part of the Government of the United States to arrive at a conclusion on
the reciprocal claims now pending between Spain and North America, I have
the honor to inform Your Excellency that I have received a telegraphic an-
swer from Madrid informing me that the Government of His Majesty gladly
CLAIMS— AUGUST 24, 1927-JUNE 20, 1929 689
agrees to begin a study of the case and to that end will send me by mail de-
tailed instructions to start the work.
I avail myself of this opportunity, Mr. Secretary, to renew to Your Excel-
lency the assurances of my highest consideration.
Alejandro Padilla
The Honorable
Henry L. Stimson
Secretary of State
DOUBLE TAXATION: SHIPPING PROFITS
Exchange of notes at Washington April 16 and June 10, 1930
Entered into force June 10, 1930; operative from January 1, 1921
47 Stat. 2584; Executive Agreement Series 6
The Spanish Ambassador to the Acting Secretary of State
[translation]
Royal Spanish Embassy
no. 84-15 Washington, April 16, 1930
Mr. Secretary:
I have the honor to refer to Your Excellency's kind note of the 5 th instant
relative to the exemption from taxation in the United States on revenue
derived from operations of Spanish vessels, giving me a transcript of the
communication which had been received in the matter from the Treasury
Department, points of which were quoted thereunder.
It is a satisfaction for me to be able to express to Your Excellency the
pleasure with which I have seen that the recent statements of the Spanish
Minister of Finance, expressed in my note of February 11, 1930, accord
with the proposals which the American Secretary of the Treasury was good
enough to make in the letter of August 2, 1929 which he addressed to the
Compafiia Trasatlantica, through my intermediary.
In view of the foregoing, I request Your Excellency to be so good as to
give the appropriate instructions to the corresponding authorities in order
that they may take into account this decision with respect to the Spanish
Shipping Companies in the sense that the profits of Spanish citizens which
consist exclusively in earnings derived from vessels documented in Spain
shall be exempt from taxation in the United States by the laws of this
country, and particularly with respect to that set forth by Your Excellency
in your note of September 26, 1929, regarding the case of the Compafiia
Trasatlantica.
As soon as I received the above-mentioned note of the 5th of the current
month of April from Your Excellency, I hastened to transmit the corre-
spondence in copy to the Ministry of State at Madrid, and while I await
a reply, it is my pleasing duty to express to Your Excellency my gratitude
690
SHIPPING PROFITS— APRIL 16 AND JUNE 10, 1930 691
for the good will which from the beginning I have been able to value, both
in the Treasury Department and in the Department under Your Excel-
lency's worthy direction, to arrive at a favorable solution of this matter,
which cannot do less than strengthen the good relations existing between
our two countries.
I avail myself [etc.] Alejandro Padilla
Honorable J. P. Cotton
[Acting] Secretary of State
Department of State
Washington, D.C.
The Secretary of State to the Spanish Ambassador
Department of State
Washington, June 10, 1930
Excellency:
I have the honor to refer to previous correspondence concerning the desire
of Spanish nationals to be exempted from income taxation in this country
on revenue derived from the operation of Spanish ships and to inform you
that a communication in the matter has been received from the Treasury
Department, the pertinent portions of which are quoted hereunder:
"Under date of March 31, 1930, this office expressed the opinion that
Spain meets the reciprocal exemption provisions of the Revenue Acts of
1921, 1924, and 1926, and stated that accordingly the income of Spanish
nationals which consists exclusively of earnings derived from operation of
ships documented under the laws of Spain would be exempted from taxa-
tion by the United States under those Acts. It was further stated that inas-
much as sections 212(b) and 231 (b) of the Revenue Act of 1928,1 relating
to exemption of the income of nonresident aliens and foreign corporations,
are substantially the same as section 213(b)(8) of the Revenue Acts of
1921, 1924, and 1926,2 the exemption would be extended to the taxable
years governed by the Revenue Act of 1928.
"In order to put the arrangement into effect this Department, under date
of April 25, 1930, issued Treasury Decision 4289 which amended article 89
of Regulations 62, 65, and 69, and article 1042 of Regulations 74, pertaining
to the reciprocal exemption from income tax of earnings derived by nonresi-
dent aliens and foreign corporations from the operation of ships documented
under the laws of foreign countries. The effect of that Treasury decision
is to include Spain in the list of countries which exempt from tax so much
1 45 Stat. 847, 849.
2 42 Stat. 239; 43 Stat. 269; 44 Stat. 25.
692 SPAIN
of the income of citizens of the United States nonresident in such foreign
countries and of corporations organized in the United States as consists
of earnings derived from the operation of a ship or ships documented under
the laws of the United States, and to exclude Spain from the list of countries
which do not grant such exemption.
"In addition to the formal Treasury decision issued by this Department
the Collector of Internal Revenue, Customhouse, New York, New York,
was specifically advised under date of April 23, 1930, as to the ruling con-
tained in the letter from this department addressed to your Department
under date of March 31, 1930, and was informed that the Compania Trans-
atlantica (Spanish Royal Mail Line) would not be held liable for income
tax on income which consists exclusively of earnings derived from the
operation of ships documented under the laws of Spain for the taxable years
arising under the Revenue Acts of 1921, 1924, 1926, and 1928."
Accept [etc.]
For the Secretary of State:
Francis White
His Excellency
Senor Don Alejandro Padilla y Bell
Ambassador of Spain
AIR TRANSPORT SERVICES
Exchange of notes at Madrid December 2, 1944, with text of agreement
and related notes
Entered into force December 2, 1944
Amended by agreements of December 21, 1945, and January 15,
1946; x February 21 and March 12, 1946; 2 July 4, 1950; 3 and
July 21, 1954 4
Supplemented by agreement of April 30, 1971 5
58 Stat. 1473 ; Executive Agreement Series 432
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
no. 3482 Madrid, December 2, 1944
Excellency :
I have the honor to refer to negotiations which have recently taken place
between the Government of the United States of America and the Govern-
ment of Spain for the conclusion of a reciprocal air transport agreement.
It is my understanding that it has been agreed in the course of the negotia-
tions now concluded that this Agreement shall be as follows :
Agreement Between the United States of America and Spain
Relating to the Operation of International Air Transport
Services
Article 1 6
(a) 1 . Air carriers of the United States are permitted to operate, pick up
and discharge passengers, cargo and mail in international traffic at the fol-
*TIAS 2X2,1, post, p. 700.
a TIAS 2132, post, -p. 703.
3 1 UST 732 :TIAS 2140.
4 5 UST 1483; TIAS 3022.
6 22 UST 578; TI AS 7105.
" For amendments of art. I, see agreements of Dec. 21, 1945, and Jan. 15, 1946 (TIAS
2131, post, p. 700) ; Feb. 21 and Mar. 12, 1946 (TIAS 2132, post, p. 703) ; July 4, 1950
(1 UST 732; TIAS 2140) ; and July 21, 1954 (5 UST 1483; TIAS 3022).
693
694 SPAIN
lowing points within the territory under the jurisdiction of the Spanish Gov-
ernment, in operations over the following routes :
Route 1
A route from New York through Lisbon to Madrid and Barcelona,
proceeding therefrom to Marseilles, and points beyond, return being
made over the same route.
Route 2
A route from New York through Lisbon to Madrid, proceeding there-
from to Algiers, and points beyond, return being made over the same
route.
Route 3
A route from New York or Miami through South America, West Africa,
Villa-Cisneros, and French Morocco, to Seville, Madrid, and Barcelona,
proceeding therefrom to Paris and points beyond, return being made
over the same route.
2. Spanish air carriers will be permitted to operate and pick up and
discharge passengers, cargo and mail in international traffic at such point or
points within the territory under the jurisdiction of the United States of Amer-
ica as will provide a route or routes of similar aviation importance to those
granted to the United States and set out in this Agreement. The specific point
or points of access shall be determined by negotiation between Spain and the
United States, in accordance with Article IX of this Agreement, at such time
as the Spanish Government desires to prepare for the inauguration of service
by a Spanish air carrier.
(b) Subject to the conditions set forth in this Agreement, the terms of
the permits to be issued by each contracting party in favor of the air transport
enterprise or enterprises designated by the other contracting party, the tech-
nical aspects of the operation, and other appropriate details of the conduct
of the air transport services covered by this Agreement, shall be determined by
direct consultation between the aeronautical authorities of each contracting
party wherever feasible. Matters outside the scope of the aforementioned
categories shall be dealt with as provided in Article IX of this Agreement.
( c ) Aircraft of one contracting party using the public airports of the other
contracting party, under any conditions permitted by this Agreement, shall
also be entitled to use these airports, and all air navigation facilities available
to civil traffic, on a national and most-favored-nation basis.
Article II
(a) Each contracting party will designate its own air carrier enterprise or
enterprises which are to operate the services for which rights have been
granted, pursuant to Article I (a) of this Agreement. Each party may au-
thorize one or more of its air carriers to operate the service over each of the
routes for which rights are granted to said party in conformity with Article I
AIR TRANSPORT SERVICES— DECEMBER 2, 1944 695
(a) . Any permit issued by either party to an air carrier enterprise of the other
party, in accordance with the terms of this Agreement, will be valid only so
long as the holder of the permit is authorized by its own government to operate
the sendees covered by such permit.
(b) The contracting parties may, at any time, freely replace their respec-
tive air carrier enterprises designated for the operation of the services in ac-
cordance with section (a) of this article, the newly designated air carrier
succeeding to all the rights and obligations of the air carrier which it replaces.
Under no circumstances will a change of designated air carrier by one con-
tracting party justify the replaced air carrier in petitioning for indemnity of
any kind from, or exercising judicial action of any type against, the other
contracting party.
(c) Each of the contracting parties reserves the right to withhold the
granting of a certificate or permit to an air carrier enterprise of the other
contracting party in any case where it appears that substantial ownership or
control is vested in nationals of a third country. When it appears that sub-
stantial ownership or control of an air carrier enterprise of either party holding
a certificate or permit issued by the other party is vested in nationals of a third
country, the party issuing such certificate or permit may revoke it or make it
subject to conditions or limitations; provided that revocation shall not be
ordered nor conditions or limitations imposed without prior consultation with
the other party.
(d ) At least two weeks before beginning to operate the services which are
the object of this Agreement, the carrier or carriers designated by either con-
tracting party will notify the competent authorities of the other contracting
party of the schedules, tariffs, general terms of carriage and type of aircraft
which it is proposed to use. Similar notification will be given whenever the
above-mentioned data are to be modified.
Article III 7
The certificates of airworthiness, certificates of competency or licenses issued
or rendered valid by one of the contracting parties for the aircraft and crews
which are to effect the services of the lines covered by the present Agreement
will be valid in the territory of the other contracting party.
Article IV
On the basis of most-favored-nation treatment, each of the contracting
parties agrees not to impose, and to use its best efforts to prevent the imposi-
tion of, any restrictions or limitations as to use of airports and airways, con-
nections with other transportation services, or pertinent facilities in general
7 For an amendment of art. Ill, see agreement of July 4, 1950 (1 UST 732; TIAS
2140).
308-582— T.',- 46
696 SPAIN
to be utilized within its territory, which might be competitively or otherwise
disadvantageous to the air carrier enterprises of the other party.
Article V
(a) The importation or exportation of fuels, lubricants, spare parts,
motors, equipment and material in general intended for exclusive use by air-
craft of, or for operations by the air carrier enterprises of, both contracting
parties will be effected on the basis of most-favored-nation treatment with re-
spect to the payment of customs duties, inspection fees and other taxes and
charges.
( b ) The fuel and lubricants, as well as the legitimate equipment and stores
on board the aircraft of either of the contracting parties arriving in and de-
parting from the territory of the other contracting party, shall be exempt from
customs duties or charges, even when the mentioned fuel, lubricants, equip-
ment and stores aboard are used by the aircraft on a flight in that territory.
Article VI 8
The commercial air traffic between two points under the national sover-
eignty or jurisdiction of one of the two contracting parties is exclusively
reserved to the party which exercises said sovereignty or jurisdiction. Each
of the contracting parties shall be entitled to most-favored-nation treatment
with respect to the carriage of such traffic in the territory of the other con-
tracting party. For purposes of this Agreement, national sovereignty or
jurisdiction is understood to mean the national metropolitan territory and
outlying territories, possessions and colonies, and the territorial waters adja-
cent thereto .
Article VII
The rights conceded by either contracting party to the air carrier enterprises
of the other contracting party shall be subject to compliance with all appli-
cable laws of the issuing government and all valid rules, regulations and
orders issued thereunder, including air traffic rules and customs and immigra-
tion requirements applicable to all foreign aircraft.
Any restrictions or prohibitions against flight over prohibited areas shall
apply to the commercial aircraft of both parties.
Article VIII
Offenses committed in the territory of one of the contracting parties by
the personnel of the designated air carrier enterprises of the other contracting
party shall be reported to the competent authorities of such other contracting
party by the party in whose territory the offense was committed. If the
offense is of a serious character the competent authorities will have the right
to request the withdrawal of the offending employee or employees of the
designated air carrier enterprise. In case of a definite repetition of an offense,
the withdrawal of the designated air carrier enterprise may be requested.
' For an understanding relating to art. VI, see exchange of notes, p. 698.
AIR TRANSPORT SERVICES— DECEMBER 2, 1944 697
Article IX
In case either of the contracting parties considers it desirable to revise any
of the routes set forth in Article I, it may request a consultation between the
competent authorities of both contracting parties; such consultation shall
begin within a period of sixty days from the date of the request. In case the
aforementioned authorities mutually agree on new or revised conditions af-
fecting Article I of this Agreement, their recommendations on the matter
will come into effect after they have been confirmed by a protocol or an
exchange of diplomatic notes.
Article X
(a) This Agreement shall come into force on December 2, 1944 and
shall remain in force until it is terminated in accordance with the procedure
established in paragraph (b) of this Article.
(b) Either of the contracting parties may, at any time, give notice
in writing to the other contracting party of its desire to terminate this Agree-
ment. Such notice of termination may be given by either party to the other
party only after consultation between both parties for a period of at least
ninety days. The termination shall be effective after three months from the
date on which the said notice is given by one of the parties to the other.9
I shall be glad to have you inform me whether it is the understanding
of your Government that the terms of the Agreement reached as the result
of the negotiations are as above set forth. If so it is suggested that the Agree-
ment become effective on December 2, 1944; if your Government concurs
in this proposal the Government of the United States will regard it as becom-
ing effective on that date.
I avail myself of this occasion to renew to Your Excellency the assurances
of my highest consideration.
Carlton J. H. Hayes
His Excellency
Jose Felix Lequerica y Erquiza
Minister of Foreign Affairs
Madrid
The Minister of Foreign Affairs to the American Ambassador
[translation]
Madrid, December 2, 1944
Mr. Ambassador :
I have the honor to acknowledge the receipt of Your Excellency's note of
today's date in which you communicate to me the terms of an agreement on
air transport between the Spanish Government and the Government of the
"For additional arts. XI and XII, agreement of July 4, 1950 (1 UST 732; TIAS
2140).
698 SPAIN
United States of America, which has been agreed to in the negotiations now
concluded between both Governments.
The terms of said agreement which Your Excellency has communicated to
me are the following :
[For terms of agreement, see U.S. note, above.]
I have instructions to inform Your Excellency that my Government accepts
the terms of the agreement in the form in which they have been communi-
cated to me, and likewise that it agrees to Your Excellency's proposal that
said agreement enter into effect December 2, considering it therefore as being
in force from the indicated date.
I avail myself of this opportunity, Mr. Ambassador, to reiterate to Your
Excellency the assurances of my high consideration.
Jose F. de Lequerica
His Excellency
Carlton Joseph Huntley Hayes
Ambassador of the United States of America in Madrid
& & &
The Minister of Foreign Affairs to the American Ambassador
[translation]
Madrid, December 2, 1944
Mr. Ambassador:
With respect to the agreement signed on this date and in particular to
article VI thereof, I have the honor to advise Your Excellency that the Spanish
Government understands the application of the most-favored-nation clause —
insofar as it refers to commercial air traffic between two points under the na-
tional sovereignty or jurisdiction of either of the contracting parties — as having
to be the object in each case of a special agreement.
It is understood that the stipulations with respect to most-favored-nation
treatment established in the present agreement include the right of each of
the parties to said most-favored-nation treatment with respect to any other
special agreement or concessions granted by either of the contracting parties
to third parties.
It is further understood that the North American air line companies that
operate in accordance with the present agreement will be authorized to main-
tain in Spain the North American personnel which may be necessary for ad-
ministrative and technical purposes, subject to the previous consent of the Air
Ministry.
AIR TRANSPORT SERVICES— DECEMBER 2, 1944 699
I avail myself of this opportunity, Mr. Ambassador, to reiterate to Your
Excellency the assurances of my high consideration.
Jose F. de Lequerica
His Excellency
Carlton Joseph Huntley Hayes
Ambassador of the United States of America
in Madrid
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
No 3483 Madrid, December 2, 1944
Excellency :
I have the honor to confirm the understanding set forth in Your Excel-
lency's Note of today's date to the effect that, with respect to the Agreement
concluded this day, and particularly with respect to Article VI of that Agree-
ment, the application of the most-favored-nation clause, in so far as it refers
to commercial air traffic between two points under the national sovereignty
or jurisdiction of each of the contracting parties, is to be the subject of a special
agreement in each case.
It is also understood that the stipulations established in the present Agree-
ment relative to most-favored-nation treatment include the right of each of
the parties to the said most-favored-nation treatment in regard to any other
special agreement or concessions granted by either contracting party to third
parties.
It is further understood that the American airline companies which will
operate under the present Agreement will be authorized to maintain in Spain
such American personnel as may be necessary for administrative and technical
purposes, subject to previous consent of the Air Ministry.
I avail myself of this occasion to renew to Your Excellency the assurances
of my highest consideration.
Carlton J. H. Hayes
His Excellency
Jose Feldc de Lequerica y Erquiza
Minister for Foreign Affairs
AIR TRANSPORT SERVICES
Exchange of notes verbales at Madrid December 21, 1945, and January
15, 1946, amending agreement of December 2, 1944
Entered into force January 15, 1946
62 Stat. 4078; Treaties and Other
International Acts Series 2131
The American Embassy to the Ministry for Foreign Affairs
No. 1379
Note Verbale
The Embassy of the United States of America presents its compliments to
the Ministry of Foreign Affairs and has the honor to inform the Ministry,
under instructions received today from the Department of State, that Trans-
continental World Airways, the airline indicated by the Civil Aeronautics
Board of the United States to operate the route between the United States
and Madrid via Lisbon, plans to inaugurate its service to Madrid on Janu-
ary 1, 1946 from New York, via Newfoundland, Ireland and Lisbon. The
first flight is due to reach Madrid on January 2. It would depart from Madrid
on its return flight on January 3. The service, for the time being, would be
weekly; departures from New York being on January 1, 8, 15, etc. and from
Madrid on Jan. 3, 10, 17, etc. However, it is the Embassy's understanding
that the runway extension at present under construction at Barajas airport
probably will not be completed in time to permit of this service being inaugu-
rated as planned by the company, which is being kept informed of the progress
of the construction work at Barajas by the Embassy.
Until such time as this airline is enabled to extend its services eastward
from Madrid, this city will be its European terminus. At such time as this
route can be extended to conform with the Transcontinental and Western
Airline's route as communicated to the Ministry of Foreign Affairs in the
Embassy's Note Verbale No. 535 of July 11, 1945, this company will provide
service through Madrid to Algiers, as authorized in Article 1(a) (Route No.
2) of the Civil Air Agreement signed at Madrid on December 2, 1944.1
Under date of July 1 1 , the Embassy communicated to the Ministry the
details of the air routes between the United States and Europe by which the
1 EAS 432, ante, p. 693.
700
AIR TRANSPORT SERVICES— DEC. 21, 1945, AND JAN. 15, 1946 701
CAB of the United States had authorized three airlines of the United States
to operate. The Ministry will have noted that the route allocated to Transcon-
tinental and Western Airlines provides for a spur route to be operated by this
company from Madrid to Rome, thence to North Africa via Athens. This
spur route is not covered in Article I (a) 2 of the Civil Air Agreement of
December 2, 1944.
In accordance with instructions from the Department of State the Em-
bassy has the honor to inform the Ministry of Foreign Affairs that it would
appreciate its consent to the effecting of an appropriate revision of the route
definition as set forth in Article I (a) 2 of the Bilateral Air Agreement
referred to above, to be modified to read as follows:
"Route 2. A route from the United States through Lisbon to Madrid,
proceeding therefrom (a) to Rome and points beyond and (b) to Algiers
and points beyond, return being made over the same route."
The establishment of two routes to be operated from Madrid by Trans-
continental World Airways (the name of this company having been modified
recendy to better describe the greater scope of its operations) will add con-
siderably to the volume of traffic through Madrid, particularly as the route
which it is now proposed to add will permit of through service by TWA
from New York to Madrid, thence to the important traffic centers of Rome
and Athens, which would be touched on the route to Cairo.
The Embassy expresses the hope that approval for this additional route
through Madrid may be formalized by an early indication of the Ministry's
willingness to effect the appropriate modification of Article I (a) 2 of the
agreement of December 2, 1 944, as set forth above.
Madrid, December 21, 1945
The Ministry for Foreign Affairs to the American Embassy
[TRANSLATION]
MINISTRY OF FOREIGN AFFAIRS
No. 63
Note Verbale
The Ministry of Foreign Affairs presents its compliments to the Embassy
of the United States of America and in reply to the Embassy's Note Verbale
No. 1379 of December 21, 1945, has the honor to inform it that it agrees that
the definition of Route 2 as set forth in Article 1(a) 1 of the "Agreement be-
tween the United States of America and Spain relating to the Operation of
International Air Transport Services" signed on December 2, 1944, be modi-
fied to read as follows :
702 SPAIN
Route 2
"A route from the United States through Lisbon to Madrid, proceeding
therefrom :
a ) To Rome and points beyond ; and
b) To Algiers and points beyond, return being made over the same
route".
At the same time the Ministry informs the Embassy that it has taken note
of the fact that, as soon as the Madrid-Barajas airport is in condition to re-
ceive large transoceanic transport planes, the line operated by Transcon-
tinental World Airways will begin to function, and that this service will be
weekly.
Madrid, January 15, 1946
The Embassy of the
United States of America in Madrid
AIR TRANSPORT SERVICES
Exchange of notes verbales at Madrid February 21 and March 12, 1946,
amending agreement of December 2, 1944
Entered into force March 12, 1946
62 Stat. 4081 ; Treaties and Other
International Acts Series 2132
The American Embassy to the Ministry for Foreign Affairs
No. 1626
Note Verbale
The Embassy of the United States of America presents its compliments to
the Ministry of Foreign Affairs and has the honor to refer to its Note No. 575
of July 14, 1945 concerning the suggested revision of route definitions set
forth in Article I (a) 1. of the Agreement between the United States of
America and Spain relating to the Operation of International Air Transport
Services.1
In pursuance of that Note and in view of the desire of Pan American Air-
ways to inaugurate service in the near future over a route from the United
States to Lisbon, Barcelona, and Marseilles, the Embassy is desirous of ob-
taining the early agreement of the Spanish Government to the proposed re-
definition of Route 1 to read as follows :
"A route from the United States through Lisbon to Barcelona, proceeding
therefrom to Marseilles and possibly points beyond, return being made over
the same route."
At the same time, because of its bearing on the safety of United States
commercial airline operations between Portugal and the United Kingdom,
the agreement of the Spanish Government is requested to the inclusion of the
following paragraph (as proposed also in the Embassy's Note No. 575) as
part of Article I (a) 1. and immediately following the revised route
descriptions :
"Rights of transit and non-traffic stop are granted United States airlines
in the territory of Spain on a route between Portugal and the United
Kingdom."
'KAS 432, ante, p. 693.
7(i:;
704 SPAIN
The Embassy has noted with gratification the Ministry's Note Verbale
No. 63 (P.E.) of January 15, 1946 2 conveying the agreement of the Spanish
Government to the proposed modification of Route 2, as defined in Article I
(a) 1 . of the December 2, 1944 Agreement, to cover the projected operations
of Transcontinental and Western Air (Trans- World Airlines) into and
through Spain.
Madrid, February 21, 1946
The Ministry for Foreign Affairs to the American Embassy
[translation]
No. 200
Note Verbale
The Ministry of Foreign Affairs presents its compliments to the Embassy
of the United States of America, and, in reply to the Embassy's Note Verbale
No. 1626 of February 21 last, has the honor to inform it that the Spanish
Government agrees to the new definition proposed by the American author-
ities for Route 1, set forth in Article I (a) of the "Agreement between the
United States of America and Spain relating to the Operation of Interna-
tional Air Transport Services", to read as follows :
"A route from the United States through Lisbon to Barcelona, proceeding
therefrom to Marseilles and possibly points beyond, return being made over
the same route",
The Ministry hopes that Pan American Airways will be able to inaugurate
service on this route shortly.
With respect to the second request contained in the aforesaid Note Verbale
No. 1626, the Spanish Government also agrees, for the purpose of increasing
the safety of United States commercial airline operations between Portugal
and the United Kingdom, to the inclusion of the following paragraph as a part
of Article I (a) 1. and immediately following the revised route descriptions:
"Rights of transit and non-traffic stop are granted United States airlines in
the territory of Spain on a route between Portugal and the United Kingdom".
Since at the present time the possible landing fields for non-traffic stops in
that area are not prepared to render service, the Ministry requests the Em-
bassy to be good enough to specify the points in Spanish territory at which
aircraft of the line under reference might eventually wish to land, in order
that the Ministry may inform the Embassy as to their present condition.
Madrid, March 12, 1946
The Embassy of the United States of America
2TIAS 2131, ante, p. 701.
SPECIAL TARIFF POSITION OF PHILIPPINES
Exchange of notes at Washington May 4 and July 11, 1946, modify-
ing agreement of October 26 and November 7, 1927
Entered into force July 11, 1946
Terminated August 29, 1963
61 Stat. 2449; Treaties and Other
International Acts Series 1572
The Acting Secretary of State to the Spanish Ambassador
Washington
May 4, 1946
Excellency:
With reference to the forthcoming independence of the Philippines on
July 4, 1 946, my Government considers that provision for a transitional period
for dealing with the special tariff position which Philippine products have
occupied for many years in the United States is an essential accompaniment to
Philippine independence. Accordingly, under the Philippine Trade Act
approved April 30, 1946,2 goods the growth, produce or manufacture of the
Philippines will enter the United States free of duty until 1 954, after which
they will be subject to gradually and regularly increasing rates of duty or de-
creasing duty-free quotas until 1 974 when general rates will become applicable
and all preferences will be completely eliminated.
Since the enactment of the Philippine Independence Act approved
March 24, 1934,3 my Government has foreseen the probable necessity of
providing for such a transitional period and has since then consistently ex-
cepted from most-favored-nation obligations which it has undertaken toward
foreign governments advantages which it might continue to accord to Philip-
pine products after the proclamation of Philippine independence. Some thirty
"Date of entry into force of protocol of July 1, 1963 (15 UST 2571; TIAS 5749), for
accession of Spain to General Agreement on Tariffs and Trade (TIAS 1700, ante, vol. 4,
p. 639).
2 60 Stat. 141.
3 48 Stat. 456.
705
706 SPAIN
instruments in force with other governments, for example, permit the con-
tinuation of the exceptional tariff treatment now accorded by my Govern-
ment to Philippine products, irrespective of the forthcoming change in the
Commonwealth's political status.
With a view, therefore, to placing the relations between the United States
and Spain upon the same basis, with respect to the matters involved, as the
relations existing under the treaties and agreements referred to in the preced-
ing paragraph, I have the honor to propose that the provisions of the Com-
mercial Agreement between the United States and Spain effected by an
exchange of notes signed October 26 and November 7, 1927/ shall not be
understood to require the extension to Spain of advantages accorded by the
United States to the Philippines.
In view of the imminence of the inauguration of an independent Philippine
Government, I should be glad to have the reply of Your Excellency's Govern-
ment to this proposal at an early date.
Accept, Excellency, the renewed assurances of my highest consideration.
Dean Acheson
Acting Secretary of State
His Excellency
Senor Don Juan Francisco de Cardenas
Ambassador of Spain
The Spanish Ambassador to the Acting Secretary of State
[translation]
SPANISH EMBASSY
WASHINGTON
No 170 Washington, July 11, 1946
Mr. Secretary:
In reference to Your Excellency's courteous note dated May 4, last, con-
cerning the preferences which will be given on the part of the United States
to the Philippines, in agreement with that which is set forth in the "Philip-
pine Trade Act" of April 30, 1946, I have the honor to inform you that
the Ministry of Foreign Affairs at Madrid has just sent me instructions to
inform the Department of State that the Spanish Government states its con-
formity with the effects on customs deriving from the Independence of
the Philippines.
4 TS 758-A, ante, p. 680.
TRADE: PHILIPPINES— MAY 4 AND JULY 11, 1946 707
I avail myself of this opportunity, Mr. Secretary, to renew to you the
assurances of my highest consideration.
His Excellency
Dean Acheson
Acting Secretary of State
Washington, D.C.
Juan F. de Cardenas
Ambassador of Spain
RESTITUTION OF MONETARY GOLD LOOTED
BY GERMANY
Exchange of notes at Madrid April 30 and May 3, 1948
Entered into force May 3, 1948
62 Stat. 4071 ; Treaties and Other
International Acts Series 2123
The American Charge d' Affaires ad interim to the Minister of Foreign Affairs
American Embassy
Madrid, April 30, 1948
Excellency:
Under instructions of my Government, I have the honor to refer to various
conversations which have been held by representatives of this Embassy
and of Your Excellency's Ministry in connection with the information on
Spanish gold holdings requested in this Embassy's Note Verbal No. 2372
of September 26, 1946.
In the course of these conversations, Your Excellency's Government has
made available a statement of its gold acquisitions from 1939 to date and
of its present gold holdings. From these data, it has been found that eight
bars totaling a fine weight of 101.6 kilograms were gold taken by Germany
from the Netherlands, although Your Excellency's Government had not
been aware of their looted origin either at the time of acquisition or subse-
quently. I now understand that Your Excellency's Government, in implemen-
tation of its declaration of solidarity with Bretton Woods Resolution VI 1
and the Gold Declaration of 1944,2 is ready to restitute the 101.6 kilograms
of fine gold above mentioned.
I therefore have the honor to inform Your Excellency that I am instructed
by my Government to state that restitution of that amount by Your Excel-
lency's Government will be considered by my Government as fulfillment
of the requirements of the Bretton Woods Resolution and the Gold Declara-
tion, provided the Government of Your Excellency is agreeable to make
further restitution of any additional identifiable monetary gold taken by Ger-
1 For text, see Department of State Bulletin, Oct. 8, 1944, p. 384.
2 For a Treasury Department press release dated Feb. 22, 1944, see ante, vol. 3, p. 889.
708
GOLD LOOTED BY GERMANY— APRIL 30 AND MAY 3, 1948 709
many, should it be found that any such gold may have been acquired by
Spain. In this connection, may I add that no claims for any such additional
gold presented after April 30, 1949 will be considered.
I am further instructed to inform Your Excellency that, upon receipt
of agreement on the part of Your Excellency's Government to the foregoing,
the United States Treasury will publicly make known that Spain will no
longer be subject to the Gold Declaration of 1944 and that international
gold movements by Spain will be free from restrictions applied on the grounds
of any part thereof having been of possible looted origin.
I would greatly appreciate confirmation by Your Excellency of the above
understanding in order that I may inform my Government accordingly.
Accept, Excellency, the renewed assurances of my highest consideration.
Paul T. Culbertson
Charge d' Affaires ad interim
His Excellency
Don Alberto Martin Artajo
Minister for Foreign Affairs
Madrid
The Minister of Foreign Affairs to the American Charge d'Aff aires ad interim
[translation]
MINISTRY OF FOREIGN AFFAIRS
No. 392 Madrid, May 3, 1948
Dear Sir:
I have the honor to acknowledge receipt of your note dated April 30
last, which, in translation, reads as follows:
[For text of U.S. note, see above.]
I have the honor to inform you that my Government agrees to the
foregoing.
I avail myself of the opportunity, Mr. Charge d'Aff aires, to renew to you
the assurances of my distinguished consideration.
Alberto Martin Artajo
Mr. Paul T. Culbertson
Charge d'Aff aires ad interim
of the United States of America
Sweden
AMITY AND COMMERCE
Treaty, with separate article and separate articles 1-5, signed at Paris
April 3, 1783
Ratified by Sweden May 23, 1783
Ratified by the Continental Congress July 29, 1783
Proclaimed by the United States September 25, 1783
Ratifications exchanged at Paris February 6, 1784
Entered into force February 6, 1784
Expired February 6, 1799; renewed in respect of articles 2, 5-19, 21-23,
and 25, and separate articles 1, 2, 4, and 5 by treaties of Septem-
ber 4, 181 6,2 and July 4, 1827 3
Terminated February 4, 1919 4
8 Stat. 60; Treaty Series 346 5
[translation]
A Treaty of Amity and Commerce Concluded between His Majesty
the King of Sweden and the United States of North America
The King of Sweden, of the Goths and Vandals, etc., etc., etc., and the
thirteen United States of North America, to wit: New Hampshire, Massa-
chusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsyl-
vania, the counties of New Castle, Kent, and Sussex on Delaware, Maryland,
Virginia, North Carolina, South Carolina, and Georgia, desiring to establish,
in a stable and permanent manner, the rules which ought to be observed
1 See also SWEDEN AND NORWAY.
2 Treaty between the United States and the King of Sweden and Norway (TS 347,
post, p. 868, SWEDEN AND NORWAY).
3 TS 348, post, p. 876, SWEDEN AND NORWAY.
* Pursuant to notice of termination, with respect to Sweden, of treaty of July 4, 1827
given by the United States Feb. 4, 1918.
5 For a detailed study of this treaty, see 2 Miller 123.
710
AMITY AND COMMERCE— APRIL 3, 1783 711
relative to the correspondence and commerce which the two parties have
judged necessary to establish between their respective countries, states, and
subjects; His Majesty and the United States have thought that they could not
better accomplish that end than by taking for a basis of their arrangements
the mutual interest and advantage of both nations, thereby avoiding all those
burthensome preferences which are usually sources of debate, embarrassment,
and discontent, and by leaving each party at liberty to make, respecting
navigation and commerce, those interior regulations which shall be most
convenient to itself.
With this view, His Majesty the King of Sweden has nominated and
appointed for his Plenipotentiary Count Gustavus Philip de Creutz, his
Ambassador Extraordinary to His Most Christian Majesty, and Knight
Commander of his Orders; and the United States, on their part, have fully
empowered Benjamin Franklin, their Minister Plenipotentiary to His Most
Christian Majesty. The said Plenipotentiaries, after exchanging their full
powers and after mature deliberation, in consequence thereof have agreed
upon, concluded, and signed the following articles:
Article 1
There shall be a firm, inviolable, and universal peace and a true and
sincere friendship between the King of Sweden, his heirs and successors, and
the United States of America, and the subjects of His Majesty, and those of the
said States, and between the countries, islands, cities, and towns situated
under the jurisdiction of the King and of the said United States, without
any exception of persons or places; and the conditions agreed to in this
present treaty shall be perpetual and permanent between the King, his heirs
and successors, and the said United States.
Article 2
The King and the United States engage mutually not to grant hereafter
any particular favor to other nations, in respect to commerce and navigation,
which shall not immediately become common to the other party, who shall
enjoy the same favor freely, if the concession was freely made, or on allowing
the same compensation, if the concession was conditional.
Article 3
The subjects of the King of Sweden shall not pay in the ports, havens,
roads, countries, islands, cities, and towns of the United States, or in any
of them, any other nor greater duties or imposts, of what nature soever they
may be, than those which the most favored nations are or shall be obliged
to pay; and they shall enjoy all the rights, liberties, privileges, immunities,
712 SWEDEN
and exemptions in trade, navigation, and commerce which the said nations
do or shall enjoy, whether in passing from one port to another of the United
States, or in going to or from the same, from or to any part of the world
whatever.
Article 4
The subjects and inhabitants of the said United States shall not pay in
the ports, havens, roads, islands, cities, and towns under the dominion of the
King of Sweden, any other or greater duties or imposts, of what nature soever
they may be, or by what name soever called, than those which the most
favored nations are or shall be obliged to pay; and they shall enjoy all the
rights, liberties, privileges, immunities, and exemptions in trade, navigation,
and commerce which the said nations do or shall enjoy, whether in passing
from one port to another of the dominion of His said Majesty, or in going to
or from the same, from or to any part of the world whatever.
Article 5
There shall be granted a full, perfect, and entire liberty of conscience to
the inhabitants and subjects of each party, and no person shall be molested
on account of his worship, provided he submits, so far as regards the public
demonstration of it, to the laws of the country. Moreover, liberty shall be
granted, when any of the subjects or inhabitants of either party die in the
territory of the other, to bury them in convenient and decent places, which
shall be assigned for the purpose; and the two contracting parties will provide,
each in its jurisdiction, that the subjects and inhabitants respectively may
obtain certificates of the death, in case the delivery of them is required.
Article 6
The subjects of the contracting parties in the respective states may freely
dispose of their goods and effects, either by testament, donation, or otherwise,
in favor of such persons as they may think proper; and their heirs, in what-
ever place they shall reside, shall receive the succession even ab intestato,
either in person or by their attorney, without having occasion to take out let-
ters of naturalization. These inheritances, as well as the capitals and effects
which the subjects of the two parties, in changing their abode, shall be desirous
of removing from the place of their abode, shall be exempted from all duty
called droit de detraction on the part of the Government of the two states
respectively. But it is at the same time agreed that nothing contained in this
article shall in any manner derogate from the ordinances published in Sweden
against emigrations, or which may hereafter be published, which shall re-
main in full force and vigor. The United States on their part, or any of them,
shall be at liberty to make, respecting this matter, such laws as they think
proper.
AMITY AND COMMERCE— APRIL 3, 1783 713
Article 7
All and every the subjects inhabitants of the Kingdom of Sweden, as well as
those of the United States, shall be permitted to navigate with their vessels in
all safety and freedom, and without any regard to those to whom the mer-
chandises and cargoes may belong, from any port whatever. And the subjects
and inhabitants of the two states shall likewise be permitted to sail and trade
with their vessels, and with the same liberty and safety to frequent the places,
ports, and havens of powers enemies to both or either of the contracting
parties, without being in any wise molested or troubled, and to carry on a com-
merce not only directly from the ports of an enemy to a neutral port, but even
from one port of an enemy to another port of an enemy, whether it be under
the jurisdiction of the same or of different princes. And as it is acknowledged
by this treaty, with respect to ships and merchandises, that free ships shall
make the merchandises free, and that everything which shall be on board of
ships belonging to subjects of the one or the other of the contracting parties
shall be considered as free, even though the cargo, or a part of it, should
belong to the enemies of one or both, it is nevertheless provided that contra-
band goods shall always be excepted; which, being intercepted, shall be
proceeded against according to the spirit of the following articles. It is like-
wise agreed that the same liberty be extended to persons who may be on board
a free ship, with this effect, that although they be enemies to both or either
of the parties, they shall not be taken out of the free ship unless they are
soldiers in the actual service of the said enemies.
Article 8
This liberty of navigation and commerce shall extend to all kinds of mer-
chandises, except those only which are expressed in the following article and
are distinguished by the name of contraband goods.
Article 9
Under the name of contraband or prohibited goods shall be comprehended
arms, great guns, cannon balls, arquebuses, muskets, mortars, bombs, petards,
grenades, saucisses, pitch balls, carriages for ordnance, musket rests, bando-
leers, cannon powder, matches, saltpeter, sulphur, bullets, pikes, sabers,
swords, morions, helmets, cuirasses, halberds, javelins, pistols and their hol-
sters, belts, bayonets, horses with their harness, and all other like kinds of
arms and instruments of war for the use of troops.
Article 10
These which follow shall not be reckoned in the number of prohibited
goods, that is to say: All sorts of cloths and all other manufactures of wool,
flax, silk, cotton, or any other materials, all kinds of wearing apparel, together
714 SWEDEN
with the things of which they are commonly made; gold, silver coined or
uncoined, brass, iron, lead, copper, latten, coals, wheat, barley, and all sorts
of corn or pulse ; tobacco, all kinds of spices, salted and smoked flesh, salted
fish, cheese, butter, beer, oil, wines, sugar; all sorts of salt and provisions
which serve for the nourishment and sustenance of man; all kinds of cotton,
hemp, flax, tar, pitch, ropes, cables, sails, sailcloth, anchors and any parts
of anchors, ship-masts, planks, boards, beams, and all sorts of trees and
other things proper for building or repairing ships; nor shall any goods be
considered as contraband which have not been worked into the form of any
instrument or thing for the purpose of war by land or by sea, much less such
as have been prepared or wrought up for any other use. All which shall be
reckoned free goods, as likewise all others which are not comprehended and
particularly mentioned in the foregoing article ; so that they shall not by any
pretended interpretation be comprehended among prohibited or contraband
goods. On the contrary, they may be freely transported by the subjects of
the King and of the United States, even to places belonging to an enemy,
such places only excepted as are besieged, blocked, or invested, and those
places only shall be considered as such, which are nearly surrounded by one
of the belligerent powers.
Article 11
In order to avoid and prevent, on both sides, all disputes and discord, it is
agreed that in case one of the parties shall be engaged in a war, the ships
and vessels belonging to the subjects or inhabitants of the other shall be
furnished with sea letters or passports expressing the name, property, and port
of the vessel, and also the name and place of abode of the master or com-
mander of the said vessel, in order that it may thereby appear that the said
vessel really and truly belongs to the subjects of the one or the other party.
These passports, which shall be drawn up in good and due form, shall be
renewed every time the vessel returns home in the course of the year. It is
also agreed that the said vessels, when loaded, shall be provided not only
with sea letters, but also with certificates containing a particular account of
the cargo, the place from which the vessel sailed, and that of her destination,
in order that it may be known whether they carry any of the prohibited or
contraband merchandises mentioned in the ninth article of the present
treaty; which certificates shall be made out by the officers of the place from
which the vessel shall depart.
Article 12
Although the vessels of the one and of the other party may navigate freely
and with all safety, as is explained in the seventh article, they shall, neverthe-
less, be bound at all times when required, to exhibit, as well on the high sea
as in port, their passports and certificates above mentioned. And not having
contraband merchandise on board for an enemy's port, they may freely and
AMITY AND COMMERCE— APRIL 3, 1783 715
without hindrance pursue their voyage to the place of their destination.
Nevertheless, the exhibition of papers shall not be demanded of merchant
ships under the convoy of vessels of war, but credit shall be given to the word
of the officer commanding the convoy.
Article 13
If, on producing the said certificates, it be discovered that the vessel carries
some of the goods which are declared to be prohibited or contraband, and
which are consigned to an enemy's port, it shall not, however, be lawful to
break up the hatches of such ships, nor to open any chest, coffers, packs, casks,
or vessels, nor to remove or displace the smallest part of the merchandises,
until the cargo has been landed in the presence of officers appointed for the
purpose and until an inventory thereof has been taken. Nor shall it be lawful
to sell, exchange, or alienate the cargo, or any part thereof, until legal process
shall have been had against the prohibited merchandises and sentence shall
have passed declaring them liable to confiscation, saving, nevertheless, as well
the ships themselves as the other merchandises which shall have been found
therein, which by virtue of this present treaty are to be esteemed free, and
which are not to be detained on pretence of their having been loaded with
prohibited merchandise, and much less confiscated as lawful prize. And in
case the contraband merchandise be only a part of the cargo, and the master
of the vessel agrees, consents, and offers to deliver them to the vessel that has
discovered them, in that case the latter, after receiving the merchandises
which are good prize, shall immediately let the vessel go and shall not by any
means hinder her from pursuing her voyage to the place of her destination.
When a vessel is taken and brought into any of the ports of the contracting
parties, if, upon examination, she be found to be loaded only with merchan-
dises declared to be free, the owner, or he who has made the prize, shall be
bound to pay all costs and damages to the master of the vessel unjustly
detained.
Article 14
It is likewise agreed that whatever shall be found to be laden by the sub-
jects of either of the two contracting parties on a ship belonging to the enemies
of the other party, the whole effects, although not of the number of those de-
clared contraband, shall be confiscated as if they belonged to the enemy, ex-
cepting, nevertheless, such goods and merchandises as were put on board
before the declaration of war, and even six months after the declaration, after
which term none shall be presumed to be ignorant of it; which merchandises
shall not in any manner be subject to confiscation, but shall be faithfully and
specifically delivered to the owners, who shall claim or cause them to be
claimed before confiscation and sale, as also their proceeds, if the claim be
made within eight months and could not be made sooner after the sale,
which is to be public; provided, nevertheless, that if the said merchandises be
716 SWEDEN
contraband, it shall not be in any wise lawful to carry them afterward to a
port belonging to the enemy.
Article 15
And that more effectual care may be taken for the security of the two con-
tracting parties, that they suffer no prejudice by the men-of-war of the other
party or by privateers, all captains and commanders of ships of His Swedish
Majesty and of the United States, and all their subjects, shall be forbidden
to do any injury or damage to those of the other party, and if they act to the
contrary, having been found guilty on examination by their proper judges,
they shall be bound to make satisfaction for all damages and the interest
thereof, and to make them good under pain and obligation of their persons
and goods.
Article 1 6
For this cause, every individual who is desirous of fitting out a privateer
shall, before he receives letters patent or special commission, be obliged to
give bond with sufficient sureties, before a competent judge, for a sufficient
sum to answer all damages and wrongs which the owner of the privateer,
his officers, or others in his employ may commit during the cruise, contrary to
the tenor of this treaty and contrary to the edicts published by either party,
whether by the King of Sweden or by the United States, in virtue of this same
treaty, and also under the penalty of having the said letters patent and special
commission revoked and made void.
Article 17
One of the contracting parties being at war and the other remaining
neuter, if it should happen that a merchant ship of the neutral power be taken
by the enemy of the other party, and be afterwards retaken by a ship of
war or privateer of the power at war, also ships and merchandises of what
nature soever they may be, when recovered from a pirate or sea rover, shall
be brought into a port of one of the two powers and shall be committed to the
custody of the officers of the said port, that they may be restored entire to the
true proprietor as soon as he shall have produced full proof of the property.
Merchants, masters and owners of ships, seamen, people of all sorts, ships and
vessels, and in general all merchandises and effects of one of the allies or their
subjects, shall not be subject to any embargo nor detained in any of the coun-
tries, territories, islands, cities, towns, ports, rivers, or domains whatever, of
the other ally, on account of any military expedition or any public or private
purpose whatever, by seizure, by force, or by any such manner; much less shall
it be lawful for the subjects of one of the parties to seize or take anything by-
force from the subjects of the other party, without the consent of the owner.
This, however, is not to be understood to comprehend seizures, detentions, and
AMITY AND COMMERCE— APRIL 3, 1783 717
arrests made by order and by the authority of justice and according to the
ordinary course for debts or faults of the subject, for which process shall be
had in the way of right according to the forms of justice.
Article 18
If it should happen that the two contracting parties should be engaged in
a war at the same time with a common enemy, the following points shall be
observed on both sides :
1 . If the ships of one of the two nations, retaken by the privateers of the
other, have not been in the power of the enemy more than twenty-four hours,
they shall be restored to the original owner on payment of one third of the
value of the ship and cargo. If, on the contrary, the vessel retaken has been
more than twenty-four hours in the power of the enemy, it shall belong wholly
to him who has retaken it.
2. In case, during the interval of twenty-four hours, a vessel be retaken by
a man-of-war of either of the two parties, it shall be restored to the original
owner on payment of a thirtieth part of the value of the vessel and cargo, and
a tenth part if it has been retaken after the twenty-four hours, which sums shall
be distributed as a gratification among the crew of the men-of-war that shall
have made the recapture.
3. The prizes made in manner above mentioned shall be restored to the
owners, after proof made of the property, upon giving security for the part
coming to him who has recovered the vessel from the hands of the enemy.
4. The men-of-war and privateers of the two nations shall reciprocally be
admitted with their prizes into each other's ports; but the prizes shall not be
unloaded or sold there until the legality of a prize made by Swedish ships shall
have been determined according to the laws and regulations established in
Sweden, as also that of the prizes made by American vessels shall have been
determined according to the laws and regulations established by the United
States of America.
5. Moreover, the King of Sweden and the United States of America shall
be at liberty to make such regulations as they shall judge necessary respecting
the conduct which their men-of-war and privateers respectively shall be bound
to observe with regard to vessels which they shall take and carry into the ports
of the two powers.
Article 19
The ships of war of His Swedish Majesty and those of the United States,
and also those which their subjects shall have armed for war, may with all
freedom conduct the prizes which they shall have made from their enemies
into the ports which are open in time of war to other friendly nations; and the
said prizes, upon entering the said ports, shall not be subject to arrest or sei-
718 SWEDEN
zure, nor shall the officers of the places take cognizance of the validity of the
said prizes, which may depart and be conducted freely and with all liberty
to the places pointed out in their commissions, which the captains of the said
vessels shall be obliged to show.
Article 20
In case any vessel belonging to either of the two states, or to their subjects,
shall be stranded, shipwrecked, or suffer any other damage on the coasts or
under the dominion of either of the parties, all aid and assistance shall be given
to the persons shipwrecked, or who may be in danger thereof, and passports
shall be granted to them to secure their return to their own country. The ships
and merchandises wrecked, or their proceeds, if the effects have been sold,
being claimed in a year and a day by the owners or their attorney, shall be
restored on their paying the costs of salvage, conformable to the laws and cus-
toms of the two nations.
Article 21
When the subjects and inhabitants of the two parties, with their vessels,
whether they be public and equipped for war, or private or employed in com-
merce, shall be forced by tempest, by pursuit of privateers and of enemies, or
by any other urgent necessity, to retire and enter any of the rivers, bays,
roads, or ports of either of the two parties, they shall be received and treated
with all humanity and politeness, and they shall enjoy all friendship, protec-
tion, and assistance, and they shall be at liberty to supply themselves with
refreshments, provisions, and everything necessary for their sustenance, for
the repair of their vessels, and for continuing their voyage ; provided always,
that they pay a reasonable price ; and they shall not in any manner be detained
or hindered from sailing out of the said ports or roads, but they may retire and
depart when and as they please, without any obstacle or hindrance.
Article 22
In order to favor commerce on both sides as much as possible, it is agreed
that in case a war should break out between the said two nations, which God
forbid, the term of nine months after the declaration of war shall be allowed
to the merchants and subjects respectively on one side and the other, in order
that they may withdraw with their effects and moveables, which they shall be
at liberty to carry off or to sell where they please, without the least obstacle ;
nor shall any seize their effects, and much less their persons, during the said
nine months ; but, on the contrary, passports which shall be valid for a time
necessary for their return, shall be given them for their vessels and the effects
which they shall be willing to carry with them. And if anything is taken
from them, or if any injury is done to them by one of the parties, their people
and subjects, during the term above prescribed, full and entire satisfaction
AMITY AND COMMERCE— APRIL 3, 1783 719
shall be made to them on that account. The above-mentioned passports shall
also serve as a safe-conduct against all insults or prizes which privateers may
attempt against their persons and effects.
Article 23
No subject of the King of Sweden shall take a commission or letters of
marque for arming any vessel to act as a privateer against the United States
of America, or any of them, or against the subjects, people, or inhabitants of
the said United States, or any of them, or against the property of the inhabit-
ants of the said States, from any prince or state whatever, with whom the
said United States shall be at war. Nor shall any citizen, subject, or inhabitant
of the said United States, or any of them, apply for or take any commission
or letters of marque for arming any vessel to cruise against the subjects of His
Swedish Majesty, or any of them, or their property, from any prince or state
whatever with whom His said Majesty shall be at war. And if any person of
either nation shall take such commissions or letters of marque he shall be
punished as a pirate.
Article 24
The vessels of the subjects of either of the parties coming upon any coast
belonging to the other, but not willing to enter into port, or being entered
into port and not willing to unload their cargoes or to break bulk, shall not be
obliged to do it, but, on the contrary, shall enjoy all the franchises and exemp-
tions which are granted by the rules subsisting with respect to that object.
Article 25
When a vessel belonging to the subjects and inhabitants of either of the
parties, sailing on the high sea, shall be met by a ship of war or privateer of
the other, the said ship of war or privateer, to avoid all disorder, shall re-
main out of cannon shot, but may always send their boat to the merchant
ship and cause two or three men to go on board of her, to whom the master
or commander of the said vessel shall exhibit his passport, stating the property
of the vessel ; and when the said vessel shall have exhibited her passport, she
shall be at liberty to continue her voyage, and it shall not be lawful to molest
or search her in any manner or to give her chase or force her to quit her
intended course.
Article 26
The two contracting parties grant mutually the liberty of having, each in
the ports of the other, consuls, vice consuls, agents, and commissaries, whose
functions shall be regulated by a particular agreement.
Article 27
The present treaty shall be ratified on both sides, and the ratifications shall
be exchanged in the space of eight months, or sooner if possible, counting from
the day of the signature.
308-582—73 47
720 SWEDEN
In faith whereof the respective Plenipotentiaries have signed the above
articles and have thereunto affixed their seals.
Done at Paris the third day of April in the year of our Lord one thousand
seven hundred and eighty-three.
Gustav Philip Comte de Creutz [seal]
B. Franklin [seal]
Separate Article
The King of Sweden and the United States of North America agree that
the present treaty shall have its full effect for the space of fifteen years, count-
ing from the day of the ratification, and the two contracting parties reserve to
themselves the liberty of renewing it at the end of that term.
Done at Paris the third of April in the year of our Lord one thousand
seven hundred and eighty-three.
Gustav Philip Comte de Creutz [seal]
B. Franklin [seal]
Separate Articles
Article 1
His Swedish Majesty shall use all the means in his power to protect and
defend the vessels and effects belonging to citizens or inhabitants of the
United States of North America, and every of them, which shall be in the
ports, havens, roads, or on the seas near the countries, islands, cities, and
towns of His said Majesty, and shall use his utmost endeavor to recover and
restore to the right owners all such vessels and effects which shall be taken
from them within his jurisdiction.
Article 2
In like manner, the United States of North America shall protect and de-
fend the vessels and effects, belonging to the subjects of His Swedish Majesty,
which shall be in the ports, havens, or roads, or on the seas near to the coun-
tries, islands, cities, and towns of the said States, and shall use their utmost
efforts to recover and restore to the right owners all such vessels and effects
which shall be taken from them within their jurisdiction.
Article 3
If, in any future war at sea, the contracting powers resolve to remain
AMITY AND COMMERCE— APRIL 3, 1783 721
neuter and, as such, to observe the strictest neutrality, then it is agreed that
if the merchant ships of either party should happen to be in a part of the
sea where the ships of war of the same nation are not stationed, or if they
are met on the high sea without being able to have recourse to their own
convoys, in that case the commander of the ships of war of the other party,
if required, shall in good faith and sincerity give them all necessary assist-
ance; and in such case the ships of war and frigates of either of the powers
shall protect and support the merchant ships of the other; provided, never-
theless, that the ships claiming assistance are not engaged in any illicit
commerce contrary to the principles of the neutrality.
Article 4
It is agreed and concluded that all merchants, captains of merchant ships,
or other subjects of His Swedish Majesty, shall have full liberty, in all places
under the dominion or jurisdiction of the United States of America, to
manage their own affairs and to employ in the management of them whom-
soever they please; and they shall not be obliged to make use of any inter-
preter or broker, nor to pay them any reward unless they make use of them.
Moreover, the masters of ships shall not be obliged, in loading or unloading
their vessels, to employ laborers appointed by public authority for that pur-
pose; but they shall be at full liberty, themselves, to load or unload their
vessels, or to employ in loading or unloading them whomsoever they think
proper, without paying reward under the title of salary to any other person
whatever. And they shall not be obliged to turn over any kind of merchandises
to other vessels, nor to receive them on board their own, nor to wait for
their lading longer than they please; and all and every of the citizens, people,
and inhabitants of the United States of America shall reciprocally have and
enjoy the same privileges and liberties in all places under the jurisdiction of
the said realm.
Article 5
It is agreed that when merchandises shall have been put on board the ships
or vessels of either of the contracting parties, they shall not be subjected to
any examination, but all examination and search must be before lading,
and the prohibited merchandises must be stopped on the spot before they
are embarked, unless there is full evidence or proof of fraudulent practice
on the part of the owner of the ship, or of him who has the command of her.
In which case, only he shall be responsible and subject to the laws of the
country in which he may be. In all other cases, neither the subjects of either
of the contracting parties who shall be with their vessels in the ports of the
other, nor their merchandises, shall be seized or molested on account of
contraband goods which they shall have wanted to take on board, nor shall
any kind of embargo be laid on their ships, subjects, or citizens of the state
722 SWEDEN
whose merchandises are declared contraband, or the exportation of which
is forbidden; those only who shall have sold or intended to sell or alienate
such merchandise being liable to punishment for such contravention.
Done at Paris the third day of April in the Year of our Lord one thousand
seven hundred and eighty-three.
Gustav Philip Comte de Creutz [seal]
B. Franklin [seal]
EXTRADITION
Treaty signed at Washington January 14, 1893
Senate advice and consent to ratification February 2, 1893
Ratified by the President of the United States February 8, 1893
Ratified by Sweden February 10, 1893
Ratifications exchanged at Washington March 18, 1893
Proclaimed by the President of the United States March 18, 1893
Entered into force April 17, 1893
Supplemented by treaty of May 17, 1934 1
Terminated June 4, 1951 2
27 Stat. 972; Treaty Series 351
Treaty between the United States of America and Sweden for the
Extradition of Criminals
The United States of America and His Majesty the King of Sweden and
Norway, being desirous to confirm their friendly relations and to promote
the cause of justice, have resolved to conclude a new treaty for the extradi-
tion of fugitives from justice between the United States of America and
the Kingdom of Sweden, and have appointed for that purpose the following
Plenipotentiaries :
The President of the United States of America, John W. Foster, Secretary
of State of the United States; and
His Majesty the King of Sweden and Norway, J. A. W. Grip, His Majesty's
Envoy Extraordinary and Minister Plenipotentiary to the United States;
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed upon and concluded the
following articles:
Article I
The Government of the United States and the Government of Sweden
mutually agree to deliver up persons who, having been charged with or
1 TS 870, post, p. 797.
3 Pursuant to notice of termination given by Sweden Dec. 2, 1950 (received Dec. 4,
1950).
723
724 SWEDEN
convicted of any of the crimes and offenses specified in the following article,
committed within the jurisdiction of one of the contracting parties, shall
seek an asylum or be found within the territories of the other: Provided,
that this shall only be done upon such evidence of criminality as, according
to the laws of the place where the fugitive or person so charged shall be
found, would justify his or her apprehension and commitment for trial, if
the crime or offense had been there committed.
Article II
Extradition shall be granted for the following crimes and offenses :
1 . Murder, comprehending assassination, parricide, infanticide, and poi-
soning; attempt to commit murder; the killing of a human being, when such
act is punishable in the United States as voluntary manslaughter, and in
Sweden as manslaughter.
2. Arson.
3. Robbery, defined to be the act of feloniously and forcibly taking from
the person of another money or goods, by violence or putting him in fear;
burglar)'; also housebreaking or shopbreaking.
4. Forgery, or the utterance of forged papers; the forgery or falsification
of official acts of government, of public authorities, or of courts of justice, or
the utterance of the thing forged or falsified.
5. The counterfeiting, falsifying or altering of money, whether coin or
paper, or of instruments of debt created by national, state, provincial, or
municipal governments, or of coupons thereof, or of bank notes, or the ut-
terance or circulation of the same ; or the counterfeiting, falsifying or altering
of seals of state.
6. Embezzlement by public officers; embezzlement by persons hired or
salaried, to the detriment of their employers; larceny; obtaining money,
valuable securities or other property by false pretenses, or receiving money,
valuable securities or other property knowing the same to have been em-
bezzled, stolen or fraudulently obtained, when such act is made criminal by
the laws of both countries and the amount of money or the value of the prop-
erty fraudulently obtained or received is not less than $200 or kronor 740.
7. Fraud or breach of trust by a bailee, banker, agent, factor, trustee or
other person acting in a fiduciary capacity, or director or member or officer
of any company, when such act is made criminal by the laws of both countries
and the amount of money or the value of the property misappropriated is not
less than $200 or kronor 740.
8. Perjury; subornation of perjury.
9. Rape; abduction; kidnapping.
10. Willful and unlawful destruction or obstruction of railroads which
endangers human life.
EXTRADITION— JANUARY 14, 1893 725
1 1 . Crimes committed at sea :
a. Piracy, by statute or by the law of nations ;
b. Revolt, or conspiracy to revolt, by two or more persons on board a ship
on the high seas, against the authority of the master;
c. Wrongfully sinking or destroying a vessel at sea, or attempting to do so ;
d. Assaults on board a ship on the high seas with intent to do grievous
bodily harm.
12. Crimes and offenses against the laws of both countries for the suppres-
sion of slavery and slave trading.3
Extradition is also to take place for participation in any of the crimes and
offenses mentioned in this treaty, provided such participation may be pun-
ished, in the United States as a felony, and in Sweden by imprisonment at
hard labor.
Article III
Requisitions for the surrender of fugitives from justice shall be made by the
diplomatic agents of the contracting parties, or in the absence of these from
the country or its seat of government, may be made by the superior consular
officers.
If the person whose extradition is requested shall have been convicted of a
crime or offense, a duly authenticated copy of the sentence of the court in
which he was convicted, or if the fugitive is merely charged with crime, a
duly authenticated copy of the warrant of arrest in the country where the
crime has been committed, and of the depositions or other evidence upon
which such warrant was issued, shall be produced.
The extradition of fugitives under the provisions of this Treaty shall be car-
ried out in the United States and Sweden, respectively, in conformity with the
laws regulating extradition for the time being in force in the state on which
the demand for surrender is made.
Article IV
Where the arrest and detention of a fugitive are desired on telegraphic or
other information in advance of the presentation of formal proofs, the proper
course in the United States shall be to apply to the judge or other magistrate
authorized to issue warrants of arrest in extradition cases, and present a com-
plaint on oath, as provided by the statutes of the United States.
In the Kingdom of Sweden the proper course shall be to apply to the For-
eign Office, which will immediately cause the necessary steps to be taken in
order to secure the provisional arrest and detention of the fugitive.
3 For an addition to list of crimes, see supplementary treaty of May 17, 1934 (TS 870),
post, p. 797.
726 SWEDEN
The provisional detention of a fugitive shall cease and the prisoner be re-
leased, if a formal requisition for his surrender, accompanied by the necessary
evidence of his criminality, has not been produced, under the stipulations of
this Treaty, within two months from the date of his provisional arrest or
detention.
Article V
Neither of the contracting parties shall be bound to deliver up its own
citizens or subjects under the stipulations of this Treaty.
Article VI
A fugitive criminal shall not be surrendered if the offense in respect of
which his surrender is demanded be of a political character, or if he proves
that the requisition for his surrender has, in fact, been made with a view to
try or punish him for an offense of a political character.
No person surrendered by either of the high contracting parties to the
other shall be triable or tried or be punished for any political crime or offense,
or for any act connected therewith, committed previously to his extradition.
If any question shall arise as to whether a case comes within the provisions
of this article, the decision of the authorities of the government on which the
demand for surrender is made, or which may have granted the extradition
shall be final.
Article VII
Extradition shall not be granted, in pursuant of the provisions of this
Treaty, if legal proceedings or the enforcement of the penalty for the act
committed by the person claimed has become barred by limitation, accord-
ing to the laws of the country to which the requisition is addressed.
Article VIII
No person surrendered by either of the high contracting parties to the other
shall, without his consent, freely granted and publicly declared by him, be
triable or tried or be punished for any crime or offense committed prior to
his extradition, other than that for which he was delivered up, until he shall
have had an opportunity of returning to the country from which he was
surrendered.
Article IX
All articles seized which are in the possession of the person to be surren-
dered at the time of his apprehension, whether being the proceeds of the
crime or offense charged, or being material as evidence in making proof of the
crime or offense, shall, so far as practicable and in conformity with the laws
of the respective countries, be given up when the extradition takes place.
Nevertheless, the rights of third parties with regard to such articles shall be
duly respected.
EXTRADITION— JANUARY 14, 1893 727
Article X
If the individual claimed by one of the high contracting parties, in pursu-
ance of the present Treaty, shall also be claimed by one or several other powers
on account of crimes or offenses committed within their respective jurisdic-
tions, his extradition shall be granted to the state whose demand is first re-
ceived : Provided, that the government from which extradition is sought is
not bound by Treaty to give preference otherwise.
Article XI
The expenses incurred in the arrest, detention, examination and delivery of
fugitives under this Treaty shall be borne by the state in whose name the ex-
tradition is sought: Provided, that the demanding government shall not be
compelled to bear any expense for the services of such public officers of the
government from which extradition is sought as receive a fixed salary ; and,
Provided, that the charge for the services of such public officers as receive
only fees or perquisites shall not exceed their customary fees for the acts or
services performed by them had such acts or services been performed in or-
dinary criminal proceedings under the laws of the country of which they are
officers.
Article XII
The present treaty shall take effect on the thirtieth day after the date of the
exchange of ratifications, and shall not operate retroactively. On the day on
which it takes effect the convention of March 21st I860,4 shall, as between
the Governments of the United States and of Sweden cease to be in force
except as to crimes therein enumerated and committed prior to that day.
The ratifications of the present Treaty shall be exchanged at Washington
as soon as possible, and it shall remain in force for a period of six months after
either of the contracting Governments shall have given notice of a purpose to
terminate it.
In witness whereof the respective Plenipotentiaries have signed the above
articles and have hereunto affixed their seals.
Done in duplicate at the city of Washington this fourteenth day of January,
one thousand eight hundred and ninety-three.
John W. Foster [seal]
J. A. W. Grip [seal]
4 TS 349, post, p. 885, SWEDEN AND NORWAY.
308-5S2— 73 48
ARBITRATION
Convention signed at Washington May 2, 1908
Senate advice and consent to ratification May 6, 1908
Ratified by Sweden June 13, 1908
Ratified by the President of the United States July 6, 1908
Ratifications exchanged at Washington August 18, 1908
Entered into force August 18, 1908
Proclaimed by the President of the United States September 1, 1908
Extended by agreement of June 28, 1913 1
Expired August 18, 1918
35 Stat. 2047 ; Treaty Series 508
The President of the United States of America and His Majesty the King
of Sweden desiring in pursuance of the principles set forth in articles 15-19
of the Convention for the pacific settlement of international disputes, signed
at The Hague July 29, 1899,2 to enter into negotiations for the conclusion of
an Arbitration Convention, have named as their Plenipotentiaries to wit :
The President of the United States of America, Elihu Root, Secretary of
State of the United States of America ; and
His Majesty the King of Sweden, W. A. F. Ekengren, His Charge d'Af-
f aires ad interim at Washington ;
who, after having communicated to one another their full powers, found
in good and due form, have agreed upon the following articles :
Article I
Differences which may arise of a legal nature or relating to the interpreta-
tion of treaties existing between the two Contracting Parties and which it
may not have been possible to settle by diplomacy, shall be referred to the
Permanent Court of Arbitration established at The Hague by the Conven-
tion of the 29th July, 1899, provided, nevertheless, that they do not affect
the vital interests, the independence, or the honor of the two Contracting
States, and do not concern the interests of third Parties.
1 TS 585, post, p. 739.
3 TS 392, ante, vol. l,p. 230.
728
ARBITRATION— MAY 2, 1908 729
Article II
In each individual case the High Contracting Parties, before appealing to
the Permanent Court of Arbitration, shall conclude a special Agreement de-
fining clearly the matter in dispute, the scope of the powers of the Arbitrators,
and the periods to be fixed for the formation of the Arbitral Tribunal and the
several stages of the procedure. It is understood that on the part of the United
States such special agreements will be made by the President of the United
States, by and with the advice and consent of the Senate thereof, and on the
part of Sweden by the King in such forms and conditions as He may find
requisite or appropriate.
Article III
The present Convention shall be ratified by the President of the United
States of America by and with the advice and consent of the Senate thereof;
and by His Majesty the King of Sweden. The ratifications shall be exchanged
at Washington as soon as possible, and the Convention shall take effect on
the day of the exchange of its ratifications.
Article IV
The present Convention is concluded for a period of five years, dating from
the day of the exchange of its ratifications.
Done in duplicate at the City of Washington, in the English and French
languages, this second day of May, 1 908.
Elihu Root [seal]
W. A. F. Ekengren [seal]
RIGHTS, PRIVILEGES, AND IMMUNITIES
OF CONSULAR OFFICERS
Convention signed at Washington June 1, 1910
Senate advice and consent to ratification June 13, 1910
Ratified by Sweden February 3, 1911
Ratified by the President of the United States February 27, 1911
Ratifications exchanged at Washington March 18, 1911
Entered into force March 18, 1911
Proclaimed by the President of the United States March 20, 1911
Articles XI and XII terminated March 18, 1921, by exchanges of notes
of June 18 and 29, 1920 *
37 Stat. 1479; Treaty Series 557
The President of the United States of America and His Majesty the King
of Sweden, being mutually desirous of defining the rights, privileges, and
immunities of consular officers of the two countries, and deeming it expedi-
ent to conclude a consular convention for that purpose, have accordingly
named as their Plenipotentiaries:
The President of the United States of America, Philander C. Knox, Sec-
retary of State of the United States of America; and
His Majesty the King of Sweden, Herman Ludvig Fabian de Lager-
crantz, his Envoy Extraordinary and Minister Plenipotentiary at Washington ;
Who, after having communicated to each other their respective full
powers, found to be in good and proper form, have agreed upon the follow-
ing articles:
Article I
Each of the High Contracting Parties agrees to receive from the other
consuls-general, consuls, vice-consuls-general, vice-consuls, deputy consuls-
general, deputy consuls, and consular agents in all its ports, cities, and places,
except those where it may not be convenient to recognize such officers. This
reservation, however, shall not apply to one of the High Contracting Parties
without also applying to every other power.
*2 League of Nations Treaty Series 154.
730
CONSULAR RIGHTS— JUNE 1, 1910 731
Article II
The consuls-general, consuls, vice-consuls-general, vice-consuls, deputy
consuls-general, deputy consuls, and consular agents of each of the two
High Contracting Parties shall enjoy reciprocally, in the States of the other,
all the privileges, exemptions, and immunities that are enjoyed by officers
of the same rank and quality of the most favored nation. The said officers,
before being admitted to the exercise of their functions and the enjoyment of
the immunities thereto pertaining, shall present their commissions in the
forms established in their respective countries. The Government of each of
the two High Contracting Parties shall furnish the necessary exequatur free
of charge, and, on the exhibition of this instrument, the said officers shall
be permitted to enjoy the rights, privileges, and immunities granted by this
Convention.
Article III
Consuls-general, consuls, vice-consuls-general, vice-consuls, deputy consuls-
general, deputy consuls, and consular agents, citizens of the State by which
they are appointed, shall be exempt from arrest except in the case of offenses
which the local legislation qualifies as crimes and punishes as such; they shall
be exempt from military billetings, service in the Regular Army or Navy,
in the militia, or in the national guard; they shall likewise be exempt from all
direct taxes — national, State, or municipal — imposed upon persons, either
in the nature of capitation tax or in respect to their property, unless such
taxes become due on account of the possession of real estate, or for interest
on capital invested in the country where said officers exercise their functions,
or for income from pensions of public or private nature enjoyed from said
country. This exemption shall not, however, apply to consuls-general, consuls,
vice-consuls-general, vice-consuls, deputy consuls-general, deputy consuls,
or consular agents engaged in any profession, business, or trade; but the said
officers shall in such case be subject to the payment of the same taxes that
would be paid by any other foreigner under the like circumstances.
Article IV
When in a civil case a court of one of the two countries shall desire to
receive the judicial declaration or deposition of a consul-general, consul,
vice-consul, or consular agent, who is a citizen of the State which appointed
him, and who is engaged in no commercial business, it shall request him, in
writing, to appear before it, and in case of his inability to do so it shall request
him to give his testimony in writing, or shall visit his residence or office to
obtain it orally, and it shall be the duty of such officer to comply with this
request with as little delay as possible; but in all criminal cases, contemplated
by the sixth article of the amendments to the Constitution of the United
States, whereby the right is secured to persons charged with crimes to obtain
732 SWEDEN
witnesses in their favor, the appearance in court of said consular officer shall
be demanded, with all possible regard to the consular dignity and to the
duties of his office, and it shall be the duty of such officer to comply with
said demand. A similar treatment shall also be extended to the consuls of
the United States in Sweden, in the like cases.
Article V
Consuls-general, consuls, vice-consuls-general, vice-consuls, deputy con-
suls-general, deputy consuls, and consular agents may place over the outer
door of their offices the arms of their nation, with this inscription : Consulate-
General, or Consulate, or Vice-Consulate, or Consular Agency of the United
States or of Sweden.
They may also raise the flag of their country on their offices, except in
the capital of the country when there is a legation there. They may in like
manner raise the flag of their country over the boat employed by them in
the port and for the exercise of their functions.
Article VI
The consular offices shall at all times be inviolable. The local authorities
shall not, under any pretext, invade them. In no case shall they examine or
seize the papers there deposited. In no case shall those offices be used as places
of asylum. When a consular officer is engaged in other business, the papers
relating to the consulate shall be kept separate. Nor shall consular officers
be required to produce the official archives in court or to testify as to their
contents.
Article VII
In the event of the death, incapacity, or absence of consuls-general,
consuls, vice-consuls-general, vice-consuls, and consular agents, their chan-
cellors or secretaries, whose official character may have previously been made
known to the Department of State at Washington or to the Ministry for
Foreign Affairs in Sweden, may temporarily exercise their functions, and
while thus acting shall enjoy all the rights, prerogatives, and immunities
granted to the incumbents.
Article VIII
Consuls-general and consuls may, so far as the laws of their country allow,
with the approbation of their respective Governments, appoint vice-consuls-
general, deputy consuls-general, vice-consuls, deputy consuls, and consular
agents in the cities, ports, and places within their consular district. These
agents may be selected from among citizens of the United States or of
Sweden, or those of other countries. They shall be furnished with a regular
commission, and shall enjoy the privileges stipulated for consular officers
in this convention, subject to the exceptions specified in Article III.
CONSULAR RIGHTS— JUNE 1, 1910 733
Article IX
Consuls-general, consuls, vice-consuls-general, vice-consuls, and consular
agents shall have the right to address the authorities whether, in the United
States, of the Union, the States, or the municipalities, or in Sweden, of the
State, the Provinces, or the commune, throughout the whole extent of their
consular district in order to complain of any infraction of the treaties and
conventions between the United States and Sweden, and for the purpose
of protecting the rights and interests of their countrymen. If the complaint
should not be satisfactorily redressed, the consular officers aforesaid, in the
absence of a diplomatic agent of their country, may apply directly to the
Government of the country where they exercise their functions.
Article X
Consuls-general, consuls, vice-consuls-general, vice-consuls, deputy con-
suls-general, deputy consuls, and consular agents of the respective countries
may, as far as may be compatible with the laws of their own country, take
at their offices, their private residences, at the residence of the parties con-
cerned, or on board ship, the depositions of the captains and crews of the
vessels of their own country and of passengers thereon, as well as the depo-
sitions of any citizen or subject of their own country ; draw up, attest, certify,
and authenticate all unilateral acts, deeds, and testamentary dispositions of
their countrymen, as well as all articles of agreement or contracts to which
one or more of their countrymen is or are party; draw up, attest, certify,
and authenticate all deeds or written instruments which have for their object
the conveyance or encumbrance of real or personal property situated in the
territory of the country by which said consular officers are appointed, and
all unilateral acts, deeds, testamentary dispositions, as well as articles of
agreement or contracts relating to property situated or business to be trans-
acted in the territory of the nation by which the said consular officers are
appointed ; even in cases where said unilateral acts, deeds, testamentary dis-
positions, articles of agreement, or contracts are executed solely by citizens
or subjects of the country within which said consular officers exercise their
functions.
All such instruments and documents thus executed and all copies and
translations thereof, when duly authenticated by such consul-general, consul,
vice-consul-general, vice-consul, deputy consul-general, deputy consul, or
consular agent under his official seal, shall be received as evidence in the
United States and in Sweden as original documents or authenticated copies,
as the case may be, and shall have the same force and effect as if drawn up
by and executed before a notary or public officer duly authorized in the
country by which said consular officer was appointed; provided, always,
that they have been drawn and executed in conformity to the laws and regula-
tions of the country where they are intended to take effect.
734 SWEDEN
Article XI
The respective consuls-general, consuls, vice-consuls-general, vice-consuls,
deputy consuls-general, deputy consuls, and consular agents shall have exclu-
sive charge of the internal order of the merchant vessels of their nation,
and shall alone take cognizance of any differences which may arise, either at
sea or in port, between the captains, officers, and crews, without exception,
particularly in reference to the adjustment of wages and the execution of con-
tracts. The local authorities shall not interfere except when the disorder that
has arisen is of such a nature as to disturb tranquillity and public order on
shore or in the port, or when a person of the country or not belonging to the
crew shall be concerned therein.
In all other cases the aforesaid authorities shall confine themselves to lend-
ing aid to the said consular officers, if they are requested by them to do so, in
causing the arrest and imprisonment of any person whose name is inscribed
on the crew list whenever, for any cause, the said officers shall think proper.
Article XII
The respective consuls-general, consuls, vice-consuls-general, vice-consuls,
deputy consuls-general, deputy consuls, and consular agents may cause
to be arrested the officers, sailors, and all other persons making part of the
crews in any manner whatever, of ships of war or merchant vessels of their
nation, who may be guilty, or be accused, of having deserted said ships and
vessels, for the purpose of sending them on board or back to their country.
To this end they shall address the competent local authorities of the respective
countries, in writing, and shall make to them a written request for the desert-
ers, supporting it by the exhibition of the register of the vessel and list of the
crew, or by other official documents, to show that the persons claimed be-
long to the said ship's company. Upon such request thus supported, the
delivery to them of the deserters can not be refused, unless it should be duly
proved that they were citizens of the country where their extradition is de-
manded at the time of their being inscribed on the crew list. All the neces-
sary aid and protection shall be furnished for the pursuit, seizure, and arrest
of the deserters, who shall even be put and kept in the prisons of the coun-
try, at the request and expense of the consular officers, until there may be an
opportunity for sending them away. If, however, such an opportunity should
not present itself within the space of two months, counting from the day of
the arrest, the deserters shall be set at liberty, nor shall they be again arrested
for the same cause.
If the deserter has committed any misdemeanor, and the court having
the right to take cognizance of the offense shall claim and exercise it, the
delivery of the deserter shall be deferred until the decision of the court has
been pronounced and executed.
CONSULAR RIGHTS— JUNE 1, 1910 735
Article XIII
All proceedings relative to the salvage of vessels of the United States
wrecked upon the coasts of Sweden, and of Swedish vessels wrecked upon
the coasts of the United States, shall be directed by the consuls-general, con-
suls, vice-consuls-general, and vice-consuls of the two countries, respectively,
and until their arrival by the respective consular agents, wherever an agency
exists. In the places and ports where an agency does not exist, the local author-
ities until the arrival of the consular officer in whose district the wreck may
have occurred, and who shall be immediately informed of the occurrence,
shall take all necessary measures for the protection of persons and the preser-
vation of wrecked property. The local authorities shall not otherwise interfere
than for the maintenance of order, the protection of the interests of the
salvors, if these do not belong to the crews that have been wrecked, and to
carry into effect the arrangements made for the entry and exportation of the
merchandise saved. It is understood that such merchandise is not to be
subjected to any custom-house charges, unless it be intended for consump-
tion in the country where the wreck may have taken place.
The intervention of the local authorities in these different cases shall
occasion no expense of any kind, except such as may be caused by the opera-
tions of salvage and the preservation of the goods saved, together with such
as would be incurred under similar circumstances by vessels of the nation.
Article XIV
In case of the death of any citizen of Sweden in the United States or of
any citizen of the United States in the Kingdom of Sweden without having
in the country of his decease any known heirs or testamentary executors by
him appointed, the competent local authorities shall at once inform the
nearest consular officer of the nation to which the deceased belongs of
the circumstances, in order that the necessary information may be imme-
diately forwarded to parties interested.
In the event of any citizens of either of the two Contracting Parties dying
without will or testament, in the territory of the other Contracting Party,
the consul-general, consul, vice-consul-general, or vice-consul of the nation
to which the deceased may belong, or, in his absence, the representative of
such consul-general, consul, vice-consul-general, or vice-consul, shall, so
far as the laws of each country will permit and pending the appointment
of an administrator and until letters of administration have been granted,
take charge of the property left by the deceased for the benefit of his lawful
heirs and creditors, and, moreover, have the right to be appointed as admin-
istrator of such estate.
It is understood that when, under the provisions of this article, any consul-
general, consul, vice-consul-general, or vice-consul, or the representative of
each or either, is acting as executor or administrator of the estate of one
736 SWEDEN
of his deceased nationals, said officer or his representative shall, in all matters
connected with, relating to, or growing out of the settlement of such estates,
be in such capacities as fully subject to the jurisdiction of the courts of the
country wherein the estate is situated as if said officer or representative were
a citizen of that country and possessed of no representative capacity
whatsoever.
The citizens of each of the Contracting Parties shall have power to dis-
pose of their personal goods within the jurisdiction of the other, by sale,
donation, testament, or otherwise, and their representatives, being citizens
of the other Party, shall succeed to their personal goods, whether by testa-
ment or ab intestato, and they may in accordance with and acting under
the provisions of the laws of the jurisdiction in which the property is found
take possession thereof, either by themselves or others acting for them, and
dispose of the same at their will, paying such dues only as the inhabitants of
the country wherein such goods are shall be subject to pay in like cases.
As for the case of real estate, the citizens and subjects of the two Con-
tracting Parties shall be treated on the footing of the most-favored nation.
Article XV
The present convention shall remain in force for the space of ten years,
counting from the day of the exchange of the ratifications, which shall be
made in conformity with the respective Constitutions of the two countries,
and exchanged at Washington as soon as possible within the period of one
year. In case neither Party gives notice, twelve months before the expiration
of the said period of ten years, of its intention not to renew this Convention,
it shall remain in force one year longer, and so on, from year to year, until
the expiration of a year from the day on which one of the Parties shall have
given such notice.
In faith whereof the respective Plenipotentiaries have signed this Con-
vention, and have hereunto affixed their seals.
Done in duplicate at the City of Washington this first day of June, one
thousand nine hundred and ten.
P. C. Knox [seal]
H. L. F. Lagercrantz [seal]
PROTECTION OF INDUSTRIAL PROPERTY
IN CHINA
Exchange of notes at Tokyo February 26 and at Peking March 7, 1913
Entered into force March 7,1913
Made obsolete by United States relinquishment of extraterritorial rights
in China, in accordance with terms of treaty of January 11, 1943 1
III Redmond 2852
The Swedish Minister at Tokyo to the American Minister at Peking
Tokyo, February 26, 1913
Mr. Minister and dear Colleague :
The Swedish Government being desirous of reaching an understanding
with the Government of the United States for the reciprocal protection in
China of Swedish and American industrial property, I have been authorized
by my Government to effect with you by an exchange of notes an Agreement
for that purpose.
I have therefore the honor to inform you that I have been authorized by
my Government to state that henceforth protection will be afforded in ac-
cordance with the laws of Sweden, for the inventions, designs and trade-
marks of Citizens of the United States duly patented or registered in Sweden
against infringement in China by persons under Swedish Consular juris-
diction. To that end the Swedish Consular Courts and the Swedish Courts
to which the judgment of the Swedish Consular Courts may be appealed,
will be competent to hear all such cases presented by American Citizens.
I beg that you will kindly inform me whether Swedish subjects are entitled
to the same legal remedies in the Consular Courts of the United States in
China and the United States Court for China as regards protection for
industrial property.
1 TS 984, ante, vol. 6, p. 739.
737
738 SWEDEN
It is understood that the proposed Agreement will be effected by the present
note and the reply, which will be forwarded to me.
Accept, Mr. Minister and dear Colleague, the renewed assurance of my
highest consideration.
G. O. Wallenberg
His Excellency
Monsieur William J. Calhoun
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America, etc., etc., etc.,
Peking
The American Charge d'Affaires ad interim at Peking to the Swedish
Minister at Tokyo
Peking, March 7,1913
Mr. Minister and dear Colleague:
I have the honor to acknowledge the receipt of your note of February 26,
1913, informing me that you have been authorized by your Government to
effect with me by an exchange of notes an agreement for the reciprocal pro-
tection in China of American and Swedish industrial property.
I have the honor to inform you in reply that I have been authorized to
state that protection will be afforded, in accordance with the laws of the
United States, for the inventions, designs and trade-marks of Swedish sub-
jects duly patented or registered in the United States, against infringement
in China by persons under American jurisdiction. To that end the United
States Court for China and the American consular courts are competent to
hear all such cases presented by subjects of Sweden.
Accept, Mr. Minister and dear Colleague, the renewed assurances of my
highest consideration.
E. T. Williams
Charge d'Affaires
His Excellency
Mr. G. O. Wallenberg
Envoy Extraordinary and Minister Plenipotentiary
of Sweden, etc., etc., etc.
Tokyo
ARBITRATION
Agreement signed at Washington June 28, 1913, extending convention
of May 2, 1908
Ratified by Sweden August 29, 1913
Senate advice and consent to ratification February 21, 1914
Ratified by the President of the United States March 2, 1914
Ratifications exchanged at Washington March 6, 1914
Entered into force March 6, 1914
Proclaimed by the President of the United States March 6, 1914
Expired August 18,1918
38 Stat. 1763 ; Treaty Series 585
The Government of the United States of America and the Government
of His Majesty the King of Sweden, being desirous of extending the period
of five years during which the Arbitration Convention concluded between
them on May 2, 1908,1 is to remain in force, which period is about to expire,
have authorized the undersigned, to wit : William Jennings Bryan, Secretary
of State of the United States, and W. A. F. Ekengren, His Majesty's Envoy
Extraordinary and Minister Plenipotentiary at Washington, to conclude the
following agreement :
Article I
The Convention of Arbitration of May 2, 1908, between the Govern-
ment of the United States of America and the Government of His Majesty
the King of Sweden, the duration of which by Article IV thereof was fixed
at a period of five years from the date of the exchange of ratifications, which
period will terminate on August 18, 1913, is hereby extended and continued
in force for a further period of five years from August 18, 1913.
Article II
The present Agreement shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof,
and by His Majesty the King of Sweden, and it shall become effective
1 TS 508, ante, p. 728.
739
740 SWEDEN
upon the date of the exchange of ratifications, which shall take place at
Washington as soon as possible.
Done in duplicate in the English and French languages, at Washington
this 28th day of June, one thousand nine hundred and thirteen.
William Jennings Bryan [seal]
W. A. F. Ekengren [seal]
ADVANCEMENT OF PEACE
Treaty signed at Washington October 13, 1914
Senate advice and consent to ratification October 22, 1914
Ratified by Sweden November 13, 1914
Ratified by the President of the United States January 4, 1915
Ratifications exchanged at Washington January 11, 1915
Entered into force January 11, 1915
Proclaimed by the President of the United States January 12, 1915
Supplemented by agreements of November 16, 1915,1 and June 30,
1939 2
38 Stat. 1872; Treaty Series 607
Treaty for the Settlement of Disputes
The President of the United States of America and His Majesty the
King of Sweden, desiring to strengthen the friendly relations which unite
their two countries and to serve the cause of general peace, have decided
to conclude a treaty for these purposes and have consequently appointed
the plenipotentiaries designed hereinafter, to-wit:
The President of the United States of America, the Honorable William
Jennings Bryan, Secretary of State of the United States; and
His Majesty the King of Sweden, Mr. W. A. F. Ekengren, His Envoy
Extraordinary and Minister Plenipotentiary at Washington;
Who, after exhibiting to each other their full powers, found to be in
due and proper form, have agreed upon the following articles:
Article 1
Any disputes arising between the Government of the United States of
America and the Government of His Majesty the King of Sweden, of
whatever nature they may be, shall, when ordinary diplomatic proceed-
ings have failed and the High Contracting Parties do not have recourse
to arbitration, be submitted for investigation and report to a permanent
International Commission constituted in the manner prescribed in the
following article.
1 TS 607-A, post, p. 744.
* EAS 154, post, p. 821.
741
742 SWEDEN
The High Contracting Parties agree not to resort, with respect to
each other, to any act of force during the investigation to be made by the
Commission and before its report is handed in.
Article 2
The International Commission shall be composed of five members
appointed as follows : Each Government shall designate two members, only
one of whom shall be of its own nationality; the fifth member shall be
designated by common consent and shall not belong to any of the
nationalities already represented on the Commission; he shall perform the
duties of President.
In case the two Governments should be unable to agree on the choice
of the fifth commissioner, the other four shall be called upon to designate
him, and failing an understanding between them, the provisions of
article 45 of The Hague Convention of 1907 3 shall be applied.
The Commission shall be organized within six months from the
exchange of ratifications of the present convention.*
The members shall be appointed for one year and their appointment
may be renewed. They shall remain in office until superseded or reap-
pointed, or until the work on which they are engaged at the time their
office expires is completed.
Any vacancies which may arise (from death, resignation, or cases of
physical or moral incapacity) shall be filled within the shortest possible period
in the manner followed for the original appointment.
The High Contracting Parties shall, before designating the Commissioners,
reach an understanding in regard to their compensation. They shall bear by
halves the expenses incident to the meeting of the Commission.6
Article 3
Differences that may happen to occur between the High Contracting
Parties and should fail of settlement by diplomatic methods shall be forthwith
referred to the examination of the International Commission which will
undertake to make a report. By a note addressed to the International Bureau
of the Permanent Court at The Hague, which shall communicate it without
delay to both Governments, the President may remind the Parties that the
services of the International Commission are at their disposal.
Article 4
The two High Contracting Parties shall have a right, each on its own part,
to state to the President of the Commission what is the subject-matter of
3 TS 536, ante, vol. l,p.593.
4 For an extension of time for organization of commission, see agreement of Nov. 16,
1915 (TS 607-A), post, p. 744.
5 For an understanding relating to the last paragraph of art. 2, see agreement of June 30,
1939 (EAS 154), port, p. 821.
ADVANCEMENT OF PEACE— OCTOBER 13, 1914 743
the controversy. No difference in these statements, which shall be furnished
by way of suggestion, shall arrest the action of the Commission.
In case the cause of the dispute should consist of certain acts already com-
mitted or about to be committed, the Commission shall as soon as possible
indicate what measures to preserve the rights of each party ought in its
opinion to be taken provisionally and pending the delivery of its report.
Article 5
As regards the procedure which it is to follow, the Commission shall as far
as possible be guided by the provisions contained in articles 9 to 36 of Con-
vention 1 of The Hague of 1907.
The High Contracting Parties agree to afford the Commission all means
and all necessary facilities for its investigation and report.
The work of the Commission shall be completed within one year from the
date on which it has taken jurisdiction of the case, unless the High Contracting
Parties should agree to set a different period.
The conclusion of the Commission and the terms of its report shall be
adopted by a majority. The report, signed only by the President acting by
virtue of his office, shall be transmitted by him to each of the Contracting
Parties.
The High Contracting Parties reserve full liberty as to the action to be
taken on the report of the Commission.
Article 6
The present treaty shall be ratified by the President of the United States of
America, upon his being authorized thereto by the American Senate, and by
His Majesty the King of Sweden.
The ratifications shall be exchanged at Washington as soon as possible
and the treaty shall go into force on the day of the exchange of ratifications.
Its duration shall be five years counted from the exchange of ratifications.
Unless denounced six months at least before the expiration of the said
period it shall continue by tacit renewal for another period of five years and
so on in periods of five years unless denounced.
In witness whereof the respective plenipotentiaries have signed the present
treaty and have affixed thereunto their seals.
Done at Washington this 13th day of October, in the year nineteen hundred
and fourteen.
William Jennings Bryan [seal]
W. A. F. Ekengren [seal]
ADVANCEMENT OF PEACE
Exchange of notes at IVashington November 16, 1915, supplementing
treaty of October 13, 1914
Entered into force November 16, 1915
Terminated upon fulfillment of its terms
Treaty Series 607-A
The Secretary of State to the Swedish Minister
Washington, November 16, 1915
Sir:
The time specified in the Treaty of October 13, 1914,1 between the United
States and Sweden, looking to the advancement of the general cause of peace,
for the appointment of the International Commission having expired, with-
out the United States non-national Commissioner being named, I have the
honor to suggest for the consideration of your Government that the time
within which the organization of the Commission may be completed be
extended from July 11, 1915 to January 15, 1916.
Your formal notification in writing, of the same date as this, that your
Government receives the suggestion favorably, will be regarded on this
Government's part as sufficient to give effect to the extension, and I shall be
glad to receive your assurance that it will be regarded by your Government
also.
Accept, Sir, the renewed assurances of my highest consideration.
Robert Lansing
Mr. W. A. F. Ekengren
The Minister of Sweden
The Swedish Minister to the Secretary of State
Washington, D.C., November 16, 1915
Sir:
I have the honor to inform your Excellency that my Government accepts
the suggestion contained in your Excellency's note of today's date that the
*TS 607, ante, p. 741.
744
ADVANCEMENT OF PEACE— NOVEMBER 16, 1915 745
time specified in the Treaty of the 13th October 1914, between the United
States and Sweden, for the appointment of the International Commission
therein provided, be extended from July 11, 1915 to January 15, 1916.
With renewed assurances of my highest consideration I have the honor to
remain your Excellency's most obedient servant.
W. A. F. Ekengren
His Excellency
Mr. Robert Lansing
Secretary of State
etc., etc., etc.
DOUBLE TAXATION: SHIPPING PROFITS
Exchanges of notes at Washington January 27, February 24, May 16
and 30, and August 9, 1922
Entered into force August 9, 1922; operative from January 1, 1921
Superseded by agreement of March 31, 1938 1
1923 For. Rel. (II) 875
The Swedish Minister to the Secretary of State
Washington, January 27, 1922
Excellency :
In accordance with instructions received from my Government I have the
honor to inform Your Excellency that the Swedish Government, after having
acquainted itself with Paragraph 8, Section 213, of the new American Reve-
nue Law for 1921,2 mentioned in the note of the Department of State dated
December 21, 1921, regarding exemption from taxation of ships of a foreign
country granting equivalent exemption to citizens of the United States, has
noted with great satisfaction the principle emphasized in said paragraph.
I am further authorized to state that my Government has immediately
taken under consideration the adoption of such measures as will prove to the
satisfaction of the United States' Government, that American ship owners
reciprocally are exempted from taxation in Sweden.
The Government of Sweden interprets the American law in this instance
as intended to express the principle that exemption from taxation on terms
of reciprocity is desirable in order to promote the mutual interests of the
United States and other countries. The above mentioned principle having
been agreed upon, and provision for its application incorporated in the new
American Revenue Law, the Government of Sweden begs to express the hope
that such legislative measures may be taken as will have the effect of making
the said provision effective, not only as from January 1, 1921, but will also
cover the years 1917, 1918, 1919 and 1920. When framing statutes regarding
the exemption from taxation of foreign shipowners in Sweden, the Swedish
Government will be guided accordingly.
'EAS 121, post, p. 806
1 42 Stat. 239.
746
SHIPPING PROFITS— JANUARY 27-AUGUST 9, 1922 747
As a matter of fact, I understand that the shipowners of Sweden have
generally understood that the exemption now in force in America would
cover past as well as future taxes, and they have not prepared their tax re-
turns for that reason. They have now been advised that the present law,
strictly construed, may not apply before January 1st, 1921. Because of their
prior understanding, they will not now be able to complete the preparation
of their returns by February 14th, when their time expires. Under these cir-
cumstances, I am instructed by my Government to ask that, pending the
advice of Your Excellency, a further extension of six months may be granted
Swedish shipowners within which to file their returns.
With renewed assurances [etc.]
Ax. Wallenberg
The Swedish Minister to the Secretary of State
Washington, February 24, 1922
Excellency:
In my note of January 27th last, I had the honor to state, among other
things, that my Government had, by reason of the provision in the Revenue
Act of November 23, 1 92 1 , which provides for the exemption from taxation of
the income of a non-resident alien or foreign corporation consisting of earn-
ings derived from the operation of ships documented under the laws of a
foreign country which grants an equivalent exemption to citizens of the United
States, taken under consideration the adoption of measures which would
grant equivalent exemptions from income taxation in Sweden to American
ship owners.
I am now authorized and directed by my Government to advise and assure
Your Excellency, and I hereby do advise and assure Your Excellency,
1 ) that income of non-resident foreign individuals, companies, and cor-
porations, derived from the operation of ships documented under the laws of
the United States, is not now taxed in Sweden, in any manner whatsoever;
2) that the same tax-exemption was effective even further back than
January 1, 1917 and
3 ) that no change with regard to the existing tax exemption is contem-
plated by the Swedish authorities.
In this connection and in view of the fact that tax-exemption existed in
Sweden even further back than January 1, 1917, I again beg to express, on
behalf of my Government, the hope that some means may yet be found by
Your Government to accord tax-exemption for income derived in this coun-
try from the operation of Swedish ships not only from January 1, 1920
[1921] on, but also for the years 1917, 1918, 1919 and 1920.
With renewed assurances [etc.]
Ax. Wallenberg
748 SWEDEN
The Secretary of Stale to the Swedish Minister
Washington, May 16, 1922
Sir:
I have the honor to refer further to your note of February 24, 1922, in
which you express the hope that it may be possible for this Government to
exempt from taxation the income derived in this country from the operation
of Swedish ships, not only from January 1, 1921, but also during the years
1917 to 1920 inclusive, and to state that in the statutes now in force no provi-
sion is made for the exemption from taxation by this Government of the
income derived from the operation of foreign ships prior to January 1, 1921.
Accept [etc.]
For the Secretary of State:
William Phillips
The Swedish Minister to the Secretary of State
Washington, May 30, 1922
Excellency:
I have the honor to acknowledge the receipt of Your note of the 16th
instant, by which you were good enough to inform me that in the statutes
now in force no provision is made for the exemption from taxation by the
United States Government of the income derived from the operation of
foreign ships prior to January 1,1921.
The Swedish Government, being aware of this circumstance, had, how-
ever, in view of the facts :
1 ) that income of non-resident, foreign individuals, companies and cor-
porations, derived from the operation of ships documented under the laws of
the United States, is not now taxed in Sweden in any manner whatsoever;
and
2) that the same tax exemption was effective even further back than
January 1, 1917,
cherished the hope that the United States Government would deem it proper
to enact such legislative measures as would extend the same exemption from
taxation from the United States Government for the years prior to Janu-
ary 1, 1921.
Under such circumstances I beg leave to again apply for Your Excellency's
kind intermediary, in order that the question may be submitted to Congress
for such legislation as would secure a satisfactory arrangement between our
two countries.
With renewed assurances [etc.]
Ax. Wallenberg
SHIPPING PROFITS— JANUARY 27-AUGUST 9, 1922 749
The Secretary of State to the Swedish Charge a" Affaires ad interim
Washington, August 9, 1922
Sir:
I have the honor to refer further to your note of May 30, 1922, in which
you express the hope that it may be possible to modify the statutes now in
force in this country, so as to provide for the exemption of Swedish ship-
owners from the payment of income taxes for the years 1917 to 1920, inclu-
sive, and to state that the appropriate authorities advise the Department that
they can not see their way clear to recommend to Congress any modification
of the statutes as you suggest.
Accept [etc.]
Charles E. Hughes
SUPPRESSION OF SMUGGLING
Convention signed at Washington May 22, 1924
Senate advice and consent to ratification May 26, 1924
Ratified by Sweden June 13, 1924
Ratified by the President of the United States August 15, 1924
Ratifications exchanged at Washington August 18, 1924
Entered into force August 18, 1924
Proclaimed by the President of the United States August 18, 1924
43 Stat. 1830; Treaty Series 698
The President of the United States of America and His Majesty the King
of Sweden being desirous of avoiding any difficulties which might arise be-
tween them in connection with the laws in force in the United States on the
subject of alcoholic beverages have decided to conclude a Convention for
that purpose, and have appointed as their Plenipotentiaries:
The President of the United States of America, Mr. Charles Evans Hughes,
Secretary of State of the United States ;
His Majesty the King of Sweden, Mr. V. Assarsson, Counselor of His
Legation at Washington;
Who, having communicated their full powers found in good and due
form, have agreed as follows:
Article I
The High Contracting Parties respectively retain their rights and claims,
without prejudice by reason of this agreement, with respect to the extent
of their territorial jurisdiction.
Article II
( 1 ) His Majesty agrees that he will raise no objection to the boarding of
private vessels under the Swedish flag outside the limits of territorial waters
by the authorities of the United States, its territories or possessions in order
that enquiries may be addressed to those on board and an examination be
made of the ship's papers for the purpose of ascertaining whether the vessel
or those on board are endeavoring to import or have imported alcoholic
beverages into the United States, its territories or possessions in violation of
750
SMUGGLING— MAY 22, 1924 751
the laws there in force. When such enquiries and examination show a reason-
able ground for suspicion, a search of the vessel may be initiated.
(2) If there is reasonable cause for belief that the vessel has committed
or is committing or attempting to commit an offense against the laws of
the United States, its territories or possessions prohibiting the importation
of alcoholic beverages, the vessel may be seized and taken into a port of the
United States, its territories or possessions for adjudication in accordance
with such laws.
(3 ) The rights conferred by this article shall not be exercised at a greater
distance from the coast of the United States, its territories or possessions than
can be traversed in one hour by the vessel suspected of endeavoring to com-
mit the offense. In cases, however, in which the liquor is intended to be con-
veyed to the United States, its territories or possessions by a vessel other than
the one boarded and searched, it shall be the speed of such other vessel and
not the speed of the vessel boarded, which shall determine the distance from
the coast at which the right under this article can be exercised.
Article III
No penalty or forfeiture under the laws of the United States shall be ap-
plicable or attach to alcoholic liquors or to vessels or persons by reason of the
carriage of such liquors, when such liquors are listed as sea stores or cargo
destined for a port foreign to the United States, its territories or possessions
on board Swedish vessels voyaging to or from ports of the United States, or
its territories or possessions or passing through the territorial waters thereof,
and such carriage shall be as now provided by law with respect to the transit
of such liquors through the Panama Canal, provided that such liquors shall
be kept under seal continuously while the vessel on which they are carried re-
mains within said territorial waters and that no part of such liquors shall
at any time or place be unladen within the United States, its territories or
possessions.
Article IV
Any claim by a Swedish vessel for compensation on the grounds that it has
suffered loss or injury through the improper or unreasonable exercise of the
rights conferred by Article II of this Treaty or on the ground that it has not
been given the benefit of Article III shall be referred for the joint considera-
tion of two persons, one of whom shall be nominated by each of the High
Contracting Parties.
Effect shall be given to the recommendations contained in any such joint
report. If no joint report can be agreed upon, the claim shall be referred to
the Permanent Court of Arbitration at The Hague described in the Conven-
tion for the Pacific Settlement of International Disputes, concluded at The
Hague, October 18, 1907.1 The Arbitral Tribunal shall be constituted in ac-
1 TS 536, ante, vol. l,p. 577.
308-582—73 49
752 SWEDEN
cordance with Article 87 (Chapter IV) and with Article 59 (Chapter III)
of the said Convention. The proceedings shall be regulated by so much of
Chapter IV of the said Convention and of Chapter III thereof (special
regard being had for Articles 70 and 74, but excepting Articles 53 and 54)
as the Tribunal may consider to be applicable and to be consistent with the
provisions of this agreement. All sums of money which may be awarded by
the Tribunal on account of any claim shall be paid within eighteen months
after the date of the final award without interest and without deduction, save
as hereafter specified. Each Government shall bear its own expenses. The
expenses of the Tribunal shall be defrayed by a ratable deduction of the
amount of the sums awarded by it, at a rate of five per cent., on such sums,
or at such lower rate as may be agreed upon between the two Govern-
ments; the deficiency, if any, shall be defrayed in equal moities by the two
Governments.
Article V
This Treaty shall be subject to ratification and shall remain in force
for a period of one year from the date of the exchange of ratifications.
Three months before the expiration of the said period of one year, either of
the High Contracting Parties may give notice of its desire to propose modifica-
tions in the terms of the Treaty.
If such modifications have not been agreed upon before the expiration
of the term of one year mentioned above, the Treaty shall lapse.
If no notice is given on either side of the desire to propose modifications,
the Treaty shall remain in force for another year, and so on automatically,
but subject always in respect of each such period of a year to the right on
either side to propose as provided above three months before its expiration
modifications in the Treaty, and to the provision that if such modifications
are not agreed upon before the close of the period of one year, the Treaty
shall lapse.
Article VI
In the event that either of the High Contracting Parties shall be pre-
vented either by judicial decision or legislative action from giving full effect
to the provisions of the present Treaty the said Treaty shall automatically
lapse, and, on such lapse or whenever this Treaty shall cease to be in force,
each High Contracting Party shall enjoy all the rights which it would have
possessed had this Treaty not been concluded.
The present Convention shall be duly ratified by the President of the
United States of America, by and with the advice and consent of the Senate
thereof, and by His Majesty the King of Sweden; and the ratifications
shall be exchanged at Washington as soon as possible.
SMUGGLING— MAY 22, 1924 753
In witness whereof, the respective Plenipotentiaries have signed the present
Convention in duplicate in the English and Swedish languages and have
thereunto affixed their seals.
Done at the city of Washington this twenty-second day of May, in the
year of our Lord one thousand nine hundred and twenty-four.
Charles Evans Hughes [seal]
v. assarsson [seal]
ARBITRATION
Convention and exchange of notes signed at Washington June 24, 1924
Senate advice and consent to ratification January 10, 1925
Ratified by Sweden January 16, 1925
Ratified by the President of the United States January 17, 1925
Ratifications exchanged at Washington March 18, 1925
Entered into force March 18, 1925
Proclaimed by the President of the United States March 18, 1925
Superseded April 15, 1929, by treaty of October 27, 1928 x
44 Stat. 1993; Treaty Series 708
Convention
The Government of the United States of America and the Government
of His Majesty the King of Sweden desiring, in pursuance of the principles
set forth in Articles XXXVII-XL [37-40] of the Convention for the Pacific
Settlement of International Disputes signed at The Hague October 18, 1907,2
to enter into negotiations for the conclusion of an Arbitration Convention
have named as their Plenipotentiaries, to wit:
The President of the United States of America : Charles Evans Hughes,
Secretary of State of the United States; and
His Majesty the King of Sweden : Captain Axel F. Wallenberg, His Envoy
Extraordinary and Minister Plenipotentiary at Washington;
Who, after having communicated to one another their full powers, found
in good and due form, have agreed upon the following Articles :
Article I
Differences which may arise of a legal nature or relating to the interpre-
tation of treaties existing between the Contracting Parties and which it may
not have been possible to settle by diplomacy, shall be referred to the Perma-
nent Court of Arbitration established at The Hague by the Conventions of
July 29, 1899,3 and October 18, 1907, provided, nevertheless, that they do
1 TS 783, post, p. 760.
aTS 536, ante, vol. 1, p. 591.
8TS 392, ante, vol. 1, p. 230.
754
ARBITRATION— JUNE 24, 1924 755
not affect the vital interests, the independence, or the honor of the two
Contracting States, and do not concern the interests of third Parties.
Article II
In each individual case the Contracting Parties, before appealing to the
Permanent Court of Arbitration, shall conclude a special Agreement defining
clearly the matter in dispute, the scope of the powers of the Arbitrators, and
the periods to be fixed for the formation of the Arbitral Tribunal and the
several stages of the procedure. It is understood that on the part of the United
States such special agreements will be made by the President of the United
States, by and with the advice and consent of the Senate thereof, and on the
part of Sweden by the King in such forms and conditions as he may find re-
quisite or appropriate.
Article III
The present Convention shall be ratified by the Contracting Parties. The
ratifications shall be exchanged at Washington as soon as possible, and the
Convention shall take effect on the date of the exchange of ratifications.
Article IV
The present Convention is concluded for a term of five years, dating from
the exchange of ratifications. In case neither Contracting Party should give
notice, six months before the expiration of that period of its intention to ter-
minate the Convention, it will continue binding until the expiration of six
months from the day when either Contracting Party shall have denounced it.
Done in duplicate at the city of Washington, in the English and French
languages, this twenty-fourth day of June, one thousand nine hundred and
twenty-four.
Charles Evans Hughes [seal]
Ax. Wallenberg [seal]
Exchange of Notes
The Secretary of State to the Swedish Minister
Washington, June 24, 1924
Sir:
In connection with the signing today of a Convention of Arbitration be-
tween the United States and Sweden, providing for the submission of differ-
ences of certain classes which may arise between the two Governments to the
Permanent Court of Arbitration established at The Hague under the Conven-
tions for the Pacific Settlement of International Disputes concluded in 1899
and 1907, I have the honor to state the following understanding which I
shall be glad to have you confirm on behalf of your Government.
756 SWEDEN
On February 24, 1923, the President proposed to the Senate that it con-
sent under certain stated conditions to the adhesion by the United States
to the Protocol of December 16, 1920, under which the Permanent Court
of International Justice was created at The Hague. In the event that the
Senate gives its assent to the proposal, I understand that the Government of
Sweden will not be averse to considering a modification of the Convention
of Arbitration which we are concluding, or the making of a separate agree-
ment, under which the disputes mentioned in the Convention could be re-
ferred to the Permanent Court of International Justice.
Accept, Sir, the renewed assurances of my highest consideration.
Charles E. Hughes
Captain Axel F. Wallenberg
Minister of Sweden
The Swedish Minister to the Secretary of State
Washington, D.C., June 24, 1924
Sir,
I have the honor to acknowledge the receipt of Your note of today's date,
in which you were so good as to inform me, in connection with the signing
of a convention of arbitration between Sweden and the United States, that
the President of the United States had proposed to the Senate the adherence
of the United States, under certain conditions, to the protocol of the 1 6th of
December, 1920, creating the Permanent Court of International Justice at
The Hague, and that, if the Senate assents to this proposal, you understand
that the Royal Swedish Government would not be averse to considering a
modification of the Convention of Arbitration which we are concluding, or
the making of a separate agreement, under which the disputes mentioned in
the Convention could be referred to the Permanent Court of International
Justice.
Under instructions from the Swedish Minister of Foreign Affairs I have
the honor to confirm your understanding of my Government's attitude on this
point and to state that if the Senate approve the President's proposal, my
Government will not be averse to considering a modification of the Conven-
tion of Arbitration which we are concluding, or the making of a separate
agreement, under which the disputes mentioned in the Convention could be
referred to the Permanent Court of International Justice.
With renewed assurances of my highest consideration, I have the honor to
remain Your most obedient servant,
Ax. Wallenberg
Hon. Charles Evans Hughes
Secretary of State
etc. etc. etc.
WAIVER OF VISA FEES FOR NONIMMIGRANTS
Exchange of notes at Stockholm June 29 and 30, 1925
Entered into force July 5, 1925
Modified by agreement of September 4 and 11 and October 5, 1939 1
Made obsolete June 1, 1947, by agreement of April 10 and 30, 1947 2
Department of State files
The American Charge d' Affaires ad interim to the Acting Minister
of Foreign Affairs
No. 244 Stockholm, June 29, 1933
URGENT
Excellency :
I have the honor, acting under instructions from my Government, to in-
form Your Excellency that the Government of the United States will, after
the fourth of July, 1925, collect no fee for visaing passports or executing
applications therefor in the case of citizens or subjects of Sweden desiring to
visit the United States (including insular possessions), who are not "immi-
grants" as defined in the Immigration Act of the United States of 1924; 3
namely, 1 ) a government official, his family, attendants, servants and em-
ployees, 2 ) an alien visiting the United States temporarily as a tourist or tem-
porarily for business or pleasure, 3 ) an alien in continuous transit through
the United States, 4) an alien lawfully admitted to the United States who
later goes in transit from one part of the United States to another through
foreign contiguous territory, 5 ) a bona fide alien seaman serving as such on a
vessel arriving at a port of the United States and seeking to enter temporarily
the United States solely in the pursuit of his calling as a seaman, and, 6 ) an
alien entitled to enter the United States solely to carry on trade under and in
pursuance of the provisions of a present existing treaty of commerce and
navigation; and that it is understood that from the same date the Govern-
ment of Sweden will extend similar treatment, on the basis of reciprocity, to
*EAS 198, post, p. 823.
2TIAS 1798, pert, p. 834.
3 43 Stat. 153.
757
758 SWEDEN
non-immigrant citizens of the United States of like classes desiring to visit
Sweden.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest consideration.
Alexander R. Magruder
His Excellency
Rickard Sandler
Acting Royal Swedish Minister for Foreign Affairs
Etc., Etc., Etc.
Stockholm
The Acting Minister of Foreign Affairs to the American Charge d' Affaires
ad interim
Stockholm, June 29th 1925
Monsieur le Charge d'affaires,
I have the honor to inform you that the Swedish Government will, after
the 4th of July 1925, collect no fee for visaing passports or executing ap-
plications therefor in the case of citizens of the United States desiring to visit
Sweden, belonging to the categories mentioned below, viz :
1 ) A Government official, his family, attendants, servants and employees,
2 ) A citizen of the United States visiting Sweden temporarily as a tour-
ist or temporarily for business or pleasure,
3 ) A citizen of the United States in continuous transit through Sweden,
4 ) A citizen of the United States lawfully admitted to Sweden, who later
goes in transit from one part of Sweden to another through foreign contiguous
territory,
5 ) A bona fide seaman, serving as such on a vessel arriving at a port of
Sweden and seeking to enter temporarily Sweden solely in the pursuit of his
calling as a seaman,
6 ) A citizen of the United States entitled to enter Sweden solely to carry
on trade under and in pursuance of the provisions of a present existing treaty
of commerce and navigation,
and that it is understood that from the same date the Government of the
United States will extend similar treatment, on the basis of reciprocity, to non-
immigrant Swedish subjects of like classes desiring to visit the United States.
However it is presumed that the category referred to above under 2 ) shall
be considered as including persons, who, for the purpose of studies or in order
to acquire extended experience in their professions are desirous to go to Swe-
den resp. the United States.
VISA FEES— JUNE 29 AND 30, 1925 759
I avail myself of this opportunity to renew to you, Monsieur le Charge
d' Affaires, the assurance of my high consideration.
For the Minister :
K. I. Westman
The American Charge d' Affaires ad interim to the Acting Minister
of Foreign Affairs
no. 245 Stockholm, June 30, 1925
Excellency:
I have the honor to acknowledge the receipt of your note of June 29, 1925,
in which you were good enough to inform me that the Swedish Government
will, after the fourth of July, 1925, collect no fee for visaing passports or
executing applications therefor in the case of citizens of the United States
desiring to visit Sweden belonging to the six categories which you enumerated.
In reply I beg to inform Your Excellency that the Immigration Act of the
United States of 1924 does not class students as non-immigrants and that,
consequently, persons, desirous of proceeding to the United States for the
purpose of study or to acquire extended experience in their professions, do
not fall within any of the categories mentioned in your note under
acknowledgment.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest consideration.
Alexander R. Magruder
His Excellency
Rickard Sandler
Acting Royal Minister for Foreign Affairs
Etc., Etc., Etc.
Stockholm
:ios r.sa 7:; :.n
ARBITRATION
Treaty signed at Washington October 27, 1928
Senate advice and consent to ratification December 18, 1928
Ratified by the President of the United States January 4, 1929
Ratified by Sweden March 7 , 1929
Ratifications exchanged at Washington April 15, 1929
Entered into force April 15, 1929
Proclaimed by the President of the United States April 15, 1929
46 Stat, 2261 ; Treaty Series 783
The President of the United States of America and His Majesty the King
of Sweden
Determined to prevent so far as in their power lies any interruption in the
peaceful relations that have always existed between the two nations;
Desirous of reaffirming their adherence to the policy of submitting to im-
partial decision all justiciable controversies that may arise between them;
and
Eager by their example not only to demonstrate their condemnation of
war as an instrument of national policy in their mutual relations, but also
to hasten the time when the perfection of international arrangements for
die pacific settlement of international disputes shall have eliminated forever
the possibility of war among any of the Powers of the world ;
Have decided to conclude a new treaty of arbitration enlarging the scope
and obligations of the arbitration convention signed at Washington on
June 24, 1924,1 and for that purpose they have appointed as their respective
Plenipotentiaries ;
The President of the United States of America,
Frank B. Kellogg, Secretary of State of the United States of America; and
His Majesty the King of Sweden,
W. Bostrom, Envoy Extraordinary and Minister Plenipotentiary at
Washington ;
Who, having communicated to one another their full powers found in
good and due form, have agreed upon the following articles :
1 TS 708, ante, p. 754.
760
ARBITRATION— OCTOBER 27, 1928 761
Article I
All differences relating to international matters in which the High Con-
tracting Parties are concerned by virtue of a claim of right made by one
against the other under treaty or otherwise, which it has not been possible
to adjust by diplomacy, which have not been adjusted as a result of reference
to the Permanent International Commission constituted pursuant to the
treaty signed at Washington, October 13, 19 14,2 and which are justiciable
in their nature by reason of being susceptible of decision by the application
of the principles of law or equity, shall be submitted to the Permanent Court
of Arbitration established at The Hague by the Convention of October 18,
1907,3 or to some other competent tribunal, as shall be decided in each case
by special agreement, which special agreement shall provide for the organi-
zation of such tribunal if necessary, define its powers, state the question or
questions at issue, and settle the terms of reference.
The special agreement in each case shall be made on the part of the
United States of America by the President of the United States of America
by and with the advice and consent of the Senate thereof, and on the part
of Sweden in accordance with its constitutional laws.
Article II
The provisions of this treaty shall not be invoked in respect of any dispute
the subject matter of which
(a) is within the domestic jurisdiction of either of the High Contracting
Parties,
(b) involves the interests of third Parties,
(c) depends upon or involves the maintenance of the traditional atti-
tude of the United States concerning American questions, commonly de-
scribed as the Monroe Doctrine,
(d) depends upon or involves the observance of the obligations of
Sweden in accordance with the Covenant of the League of Nations.4
Article III
The present treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate thereof and
by His Majesty the King of Sweden with consent of the Swedish Riksdag.
The ratifications shall be exchanged at Washington as soon as possible,
and the treaty shall take effect on the date of the exchange of the ratifica-
tions, from which date the arbitration convention signed June 24, 1924,
shall cease to have any force or effect. It shall thereafter remain in force
*TS 607, ante, p. 741.
3 TS 536, ante, vol. 1, p. 577.
* Ante, vol. 2, p. 48.
762 SWEDEN
continuously unless and until terminated by one year's written notice given
by either High Contracting Party to the other.
In faith whereof the respective Plenipotentiaries have signed this treaty
in duplicate in the English and Swedish languages, both texts having equal
force, and hereunto affixed their seals.
Done at Washington the twenty-seventh day of October, in the year of
our Lord one thousand nine hundred and twenty-eight.
Frank B. Kellogg [seal]
W. BOSTROM [SEAL]
EXEMPTION OF PLEASURE YACHTS FROM
NAVIGATION DUES
Exchange of notes at Stockholm October 22 and 29, 1930
Entered into force October 29, 1930
47 Stat. 2655 ; Executive Agreement Series 2 1
The Minister of Foreign Affairs to the American Charge d' Affaires
ad interim
[translation]
MINISTRY FOR
FOREIGN AFFAIRS
Stockholm, October 22, 1930
Mr. Charge d'affaires:
By a letter dated January 3, 1930, you kindly informed my predecessor
that the United States Government is disposed to conclude an arrangement
with the Swedish Government with a view to exempting on a basis of
reciprocity the pleasure yachts of the two countries from all navigation dues
in their ports.
Referring to this letter, I have the honor to inform you that, according to
the provisions of section 126 of the Swedish Customs Regulations and of
the Royal Decree dated October 7, 1927, yachts belonging to yacht clubs
of countries where the same facilities are accorded to Swedish yachts are
exempted in Swedish ports from all navigation dues — except dues of pilotage
when they have actually a pilot on board — provided that they be furnished
with a certificate delivered by the authorities of the country and on the
understanding that they are not equipped for commercial purposes.
If your Government consents to grant upon a basis of reciprocity the
same facilities to pleasure yachts belonging to Swedish yacht clubs, I per-
mit myself to propose that the present note and the reply which you may
make thereto will serve as an agreement reached between our two countries.
Please accept, Mr. Charge d'Affaires, the assurances of my most distin-
guished consideration.
Ramel
Mr. Edward Savage Crocker
Charge d'Affaires a. i. of the United States of America
etc., etc., etc.
763
764 SWEDEN
Section 126 of the Swedish Customs Regulations
[translation]
A master of a vessel belonging to a public yacht club or other similar
association and which is not equipped for commercial purposes (pleas-
ure yachts) shall, when the vessel arrives or departs from a port in the
customs territory without being used for conveying goods other than food-
stuffs and articles necessary for the vessel during the journey, be exempt from
the duty to submit to the customs authorities a written report regarding the
vessel and from obtaining a permit for it from the customs authorities.
When arriving from a port outside of the customs territory, the master
may not visit any other port with the vessel than a customs port or a place
where coast-guards are stationed. When arriving from and departing to a
place outside of the customs territory, it is the duty of a master to report
personally to the nearest customs office or coast-guard station and to sub-
mit a certificate, issued by a public authority or the board of the association,
showing the name of the vessel, number and tonnage, the name of the owner
of the vessel and domicile, as well as the name of the association to which
the vessel belongs.
If the owner or master of a pleasure yacht has here in the country been
found guilty of illegal import or export of articles, the provisions granted in
this section shall not apply to any of the vessels belonging to the association
as long as he owns or commands the vessel. However, the advantages shall
be discontinued not earlier than fifteen days after the General Customs Board
has informed the board of the association of the misdemeanor committed.
The provisions of this section shall not apply to vessels belonging to an
association in Sweden, provided His Majesty has not granted the asso-
ciation similar rights for its vessels, and shall not either apply to vessels
belonging to a foreign association, unless Swedish pleasure yachts enjoy the
same advantages in the respective country.
Royal Decree of the Swedish Government
[translation]
No. 394
ROYAL DECREE
Regarding Exemption in Certain Cases for Salvage Vessels and
Pleasure Yachts from Payment of Maritime Dues
Given at the Palace of Stockholm, October 7, 1927
His Royal Majesty has deemed fit to decree that salvage vessels and pleasure
yachts referred to in sections 1 24 and 1 26 of the Customs Regulations, under
the conditions mentioned in these sections, shall in Swedish ports be exempt
NAVIGATION DUES— OCTOBER 22 AND 29, 1930 765
from all those fees which are generally assessed for vessels in such ports, with
the exception of pilotage fees where a pilot is employed.
This decree shall enter into force on May 1, 1928, on and from which
day the regulations in the letter to the Board of Trade of April 24, 1863 (No.
23 ) , relating to the exemption from certain fees in Swedish ports accorded
vessels intended for diving and salvage activities, shall cease to be effective.
Let all concerned duly comply herewith. In faith whereof, We have signed
this with Our own hand and have caused it to be confirmed by Our Royal
Seal. The Palace of Stockholm, October 7, 1927.
GUSTAF
(L. S.)
(Department of Commerce) Felix Hamrin
The American Charge d' Affaires ad interim to the Minister of Foreign
Affairs
Legation of the
United States of America
no. 56 Stockholm, October 29, 1930
Excellency:
I have the honor to acknowledge the receipt of Your Excellency's note
dated October 22, 1930, in reply to my note dated January 3, 1930, addressed
to Your Excellency's predecessor, relating to the desire of my Government to
obtain an agreement on the part of the Swedish Government to accord to
American yachts in Swedish ports treatment in the matter of the payment
of various port charges reciprocal to that which is now enjoyed by Swedish
vessels calling at ports of the United States.
Your Excellency is so good as to inform me that, according to the terms of
Section 126 of the Swedish Customs Regulations and of the Royal Decree
dated October 7, 1927, yachts belonging to yacht clubs of countries where
the same facilities are accorded to Swedish yachts are exempted in Swedish
ports from all navigation dues — except dues of pilotage when they have
actually a pilot on board— provided that they be furnished with a certificate
delivered by the authorities of the country and on the understanding that
they are not equipped for commercial purposes.
In conclusion Your Excellency states that, if my Government consents to
grant upon a basis of reciprocity the same facilities to pleasure yachts belong-
ing to Swedish yacht clubs, Your Excellency proposes that the note under
reference and the reply which I may make thereto will serve as an agreement
reached between our two countries.
In reply I have the honor to state that, inasmuch as the provisions of the
Statutes of the United States for the collection of tonnage and light dues
(U.S. Code, Title 46, Sections 121 and 128) permit the suspension of those
766 SWEDEN
charges in behalf of vessels of foreign countries which accord national treat-
ment to vessels of the United States, I am accordingly gratified that there
appears to be no further obstacle to the enjoyment by the pleasure yachts of
each country of treatment reciprocal to that enjoyed in the ports of the other.
I avail myself of this opportunity to renew to Your Excellency the
assurances of my highest consideration.
Edward Savage Crocker
His Excellency
Fredrik Ramel
Royal Minister for Foreign Affairs
Stockholm
CLAIMS: MOTORSHIPS "KRONPRINS GUSTAF
ADOLF" AND "PACIFIC"
Special agreement signed at Washington December 17, 1930
Ratified by Sweden January 3, 1931
Senate advice and consent to ratification February 14, 1931
Ratified by the President of the United States April 17, 1931
Ratifications exchanged at Washington October 1, 1931
Entered into force October 1, 1931
Proclaimed by the President of the United States October 2, 1931
Terminated July 18, 1932 1
47 Stat. 1911; Treaty Series 841
Whereas, the Government of Sweden has presented to the Government
of the United States of America certain claims on behalf of Rederiaktiebolaget
Nordstjernan, a Swedish corporation, for losses said to have been incurred
as a result of the alleged detention in ports of the United States of America,
in contravention of provisions of treaties in force between the United States
of America and Sweden, of the motorship Kronprins Gustaf Adolf and
the motorship Pacific belonging to said Swedish corporation; and
Whereas, the Government of the United States of America has dis-
claimed any liability to indemnify the Government of Sweden in behalf of the
owners of the said motorships, therefore :
The President of the United States of America and His Majesty the King
of Sweden being desirous that this matter of difference between their two
Governments should be submitted to adjudication by a competent and im-
partial Tribunal have named as their respective plenipotentiaries, that is to
say:
The President of the United States of America,
Henry L. Stimson, Secretary of State of the United States of America; and
His Majesty the King of Sweden,
W. Bostrom, Envoy Extraordinary and Minister Plenipotentiary at
Washington ;
1 For text of arbitral decision dated July 18, 1932, see American Journal of International
Law, vol. 26, p. 834.
767
768 SWEDEN
Who, after having communicated to each other their respective full powers
found in good and due form, have agreed upon the following articles:
Article I
There shall be submitted to arbitration pursuant to the Convention for
the Pacific Settlement of International Disputes, signed at The Hague,
October 18, 1907,2 and the Arbitration Convention between the United
States of America and Sweden, signed at Washington, October 27, 1928,3
the following questions :
First, Whether the Government of the United States of America detained
the Swedish motorship Kronprins Gustaf Adolf between June 23, 1917
and July 12, 1918, and the Swedish motorship Pacific between July 1, 1917
and July 19, 1918, in contravention of the Swedish- American Treaties of
April 3, 1783 4 and July 4, 1827.5
Second, Whether, if the first question be decided in the affirmative, the
Government of the United States of America is liable to the Government
of Sweden in behalf of the owners of the motorships for damages resulting
from such unlawful detention ; and,
Third, Should the reply be in the affirmative what pecuniary reparation
is due to the Government of Sweden on behalf of the owners of the motor-
ships above mentioned.
Article II
The questions stated in Article I shall be submitted for a decision to a sole
arbitrator who shall not be a national of either the United States of America
or Sweden. In the event that the two Governments shall be unable to agree
upon the selection of a sole arbitrator within two months from the date of
the coming into force of this Agreement they shall proceed to the establish-
ment of a Tribunal consisting of three members, one designated by the
President of the United States of America, one by His Majesty the King of
Sweden, and the third, who shall preside over the Tribunal, selected by mutual
agreement of the two Governments. None of the members of the Tribunal
shall be a national of the United States of America or of Sweden.
Article III
The procedure in the arbitration shall be as follows :
( 1 ) Within ninety days from the date of the exchange of ratifications of
this Agreement, the agent for the Government of Sweden shall present to
2 TS 536, ante, vol. 1, p. 577.
3TS 783, ante, p. 760.
* TS 346, ante, p. 710.
5 Treaty between the United States and the King of Sweden and Norway signed at
Stockholm July 4, 1827 (TS 348, post, p. 876, SWEDEN AND NORWAY).
CLAIMS— DECEMBER 17, 1930 769
the Agent for the Government of the United States of America a statement
of the facts on which the Government of Sweden rests the claim against the
United States of America, and the demand for indemnity. This statement
shall be accompanied by the evidence in support of the allegations and of
the demand made;
( 2 ) Within a like period of ninety days from the date on which this Agree-
ment becomes effective, as aforesaid, the Agent for the Government of the
United States of America shall present to the Agent for the Government of
Sweden at Washington a statement of facts relied upon by the Government
of the United States of America together with evidence in support ;
(3) Within sixty days from the date on which the exchange of statements
provided for in paragraphs ( 1 ) and ( 2 ) of this Article is completed each
Agent shall present in the manner prescribed by paragraphs ( 1 ) and ( 2 ) an
answer to the statement of the other together with any additional evidence
and such argument as they desire to submit.
Article IV
When the development of the record is completed in accordance with
Article III hereof, the Government of the United States of America and the
Government of Sweden shall forthwith cause to be forwarded to the Inter-
national Bureau at The Hague, for transmission to the Arbitrator or Arbitra-
tors, as the case may be, three complete sets of the statements, answers, evi-
dence and arguments presented by their respective Agents to each other.
Article V
Within thirty days from the delivery of the record to the Arbitrator or Ar-
bitrators in accordance with Article IV, the Tribunal shall convene at Wash-
ington for the purpose of hearing oral arguments by Agents or Counsel, or
both, for each Government.
Article VI
When the Agent for either Government has reason to believe that the
other Government possesses or could obtain any document or documents
which are relevant to the claim but which have not been incorporated in the
record such document or documents shall be submitted to the Tribunal at the
request of the Agent for the other Government and shall be available for in-
spection by the demanding Agent. In agreeing to arbitrate the claim of the
Kingdom of Sweden in behalf of Rederiaktiebolaget Nordstjernan the Gov-
ernment of the United States of America does not waive any defense which
was available prior to the concluding of the Agreement.
Article VII
The decision of the Tribunal shall be made within two months from the
date on which the arguments close, unless on the request of the Tribunal the
Parties shall agree to extend the period. The decision shall be in writing.
770 SWEDEN
The decision of the majority of the members of the Tribunal, in case a sole
arbitrator is not agreed upon, shall be the decision of the Tribunal.
The language in which the proceedings shall be conducted shall be English.
The decision shall be accepted as final and binding upon the two
Governments.
Article VIII
Each Government shall pay the expenses of the presentation and conduct
of its case before the Tribunal ; all other expenses which by their nature are a
charge on both Governments, including the honorarium for the Arbitrator
or Arbitrators, shall be borne by the two Governments in equal moieties.
Article IX
This Special Agreement shall be ratified in accordance with the constitu-
tional forms of the Contracting Parties and shall take effect immediately upon
the exchange of ratifications, which shall take place at Washington as soon as
possible.
In witness whereof, the respective plenipotentiaries have signed this Spe-
cial Agreement and have hereunto affixed their seals.
Done in duplicate at Washington this seventeenth day of December, nine-
teen hundred and thirty.
Henry L. Sttmson [seal]
W. Bostrom [seal]
CUSTOMS PRIVILEGES FOR CONSULAR
OFFICERS
Exchange of notes at Stockholm June 23 and 29, 1931
Entered into force July 1, 1931
Department of State files
The American Legation to the Ministry for Foreign Affairs
No. 105
Note Verbale
The American Legation presents its compliments to the Royal Ministry
for Foreign Affairs and has the honor to refer to a resolution passed by the
Riksdag on March 23, 1931, amending Paragraph 5 of the Swedish Customs
Tariff of 1929, so as to grant the right to import personal supplies without
the payment of duty to foreign consular officers ( consuls general, consuls, and
vice consuls) in Sweden of countries according Swedish consular officers the
corresponding privilege.
The American Legation, acting under instructions from its Government,
has the honor to inform the Royal Ministry that the Treasury Department
has in view of this resolution consented to extend, effective July first next,
the free importation privilege to Swedish consular officers in the United
States. Therefore, in addition to the free entry of baggage and effects upon
arrival and return to their posts in the United States after visits abroad, which
Swedish consular officers assigned to the United States already enjoy, such
officers, who are Swedish nationals and not engaged in any other business,
will be accorded on the basis of reciprocity the privilege of importing free
of duty articles for their personal or family use at any time during their of-
ficial residence, with the understanding that no article, the importation of
which is prohibited by the laws of the United States, shall be imported by
them.
The American Legation therefore has the honor to request the good offices
of the Royal Ministry for Foreign Affairs with a view to arranging for the
extension of similar privileges to American consular officers assigned to
Sweden.
Stockholm, June 23, 1931
771
772 SWEDEN
The Ministry for Foreign Affairs to the American Legation
[translation]
MINISTRY FOR
FOREIGN RELATIONS
In its note verbale of the twenty-third of this month, the Legation of the
United States of America informed the Ministry for Foreign Affairs of the
decision taken by the American Government as a result of the modification
effected in Swedish legislation relating to the matter, to grant from the first
of July next free entry for goods imported by Swedish career consuls in
the United States and destined for their personal use.
At the same time the Legation expressed the desire that measures be taken
to instruct the customs officials to extend the same privilege to American
consuls of career functioning in Sweden.
In acknowledging to the Legation of the United States the receipt of this
obliging communication, the Ministry has the honor to inform it that, under
the terms of a resolution of June 19, 1931, which will enter into force the
first of July next, the free customs entry which is at present enjoyed by for-
eign diplomats in Sweden is accorded under the same conditions, on con-
dition of reciprocity, to foreign consular representatives of career (consuls
general, consuls and vice consuls) functioning in this country and not
engaged in private activities with gainful purposes.
By virtue of a decree likewise promulgated on June 19, 1931, the enjoy-
ment of this privilege is subject to the same rules, by analogy, as those estab-
lished for diplomats, and of which the Legation was informed by a letter from
the Ministry for Foreign Affairs dated June 27, 1927. But in order to claim
a shipment it will be necessary besides for the interested consular representa-
tive to make an express declaration that he is not exercising in Sweden any
activity of the nature described above.
In view of the fact that the reciprocity contemplated by the new Swedish
regulation will exist henceforth, according to the note verbale under refer-
ence, for the Swedish consular representatives of career in the United States,
it follows that the consular representatives of career of the United States
of America in Sweden will likewise enjoy, from the first of July 1931, customs
free entry.
The Ministry will be obliged to the Legation if it will be kind enough to
invite the above-mentioned consular representatives to examine carefully the
conditions to be followed and the formalities to be observed for the enjoyment
of the privilege in question.
The Legation will please find enclosed herewith the text of the regulation
and of the decree above-mentioned.
Stockholm, June 29, 1931
To the Legation of the
United States of America
RECOGNITION OF LOAD-LINE CERTIFICATES
Exchange of notes at Stockholm January 27 and June 1, 1932
Entered into force June 1, 1932
Terminated January 1, 1933 x
47 Stat. 2707; Executive Agreement Series 35
The American Minister to the Minister of Foreign Affairs
Legation of the
United States of America
no. 140 Stockholm, January 27, 1932
Excellency:
Referring to Minister Gyllensward's note of June 29, 1931, expressing
the willingness ol the Government of the King to conclude a reciprocal load
line agreement with my Government, I have the honor, acting under in-
structions from my Government, to inform Your Excellency that the com-
petent executive authorities of my Government have examined the Swedish
load line regulations and have found them to be as effective as the United
States load line regulations.
I am also instructed to state to Your Excellency that my Government is
prepared to agree that, pending the coming into force of the international
load line convention in the United States and Sweden, the competent au-
thorities of the Governments of the United States and Sweden, respectively,
will recognize as equivalent the load line marks and the certificate of such
marking of merchant vessels of the other country made pursuant to the
regulations in force in the respective countries : provided, that the load line
marks are in accordance with the load line certificates; that the hull and
super-structures of the vessel certificated have not been so materially altered
since the issuance of the certificate as to affect the calculations on which
the load line was based, and that alterations have not been made so that the
( 1 ) Protection of openings,
( 2 ) Guard rails,
1 Date of entry into force for the United States and Sweden of international load-line
convention of July 5, 1930 (TS 858, ante, vol. 2, p. 1076).
773
774 SWEDEN
(3) Freeing ports,
(4) Means of access to crews quarters,
have made the vessel manifestly unfit to proceed to sea without danger to
human life.
I am also desired to state that my Government is prepared to agree that
the competent authorities of the Governments of the United States and
Sweden, respectively, will recognize load lines applicable to tankers and to
vessels of special type which have been determined in accordance with tanker
and vessels of special type rules as set forth in the international load line con-
vention of 1930. In this connection my Government is desirous that the Gov-
ernment of Sweden agree that the load line certificates of Swedish tankers
and Swedish vessels of special type contain information, when applicable, to
the effect that the load line marks are located in accordance with the terms
and conditions of the international load line convention of July 5, 1930.
I am further desired to state that it will be understood by my Govern-
ment that on the receipt by the Legation of a note from Your Excellency
expressing the concurrence of the Government of Sweden in the agreement
and understanding as above set forth, the reciprocal agreement will be re-
garded as having become effective.
I avail myself of this opportunity to renew to Your Excellency the as-
surances of my highest consideration.
John M. Morehead
His Excellency
Baron Fredrik Ramel
Royal Minister for Foreign Affairs
Stockholm
The Minister of Foreign Affairs to the American Charge d' Affaires
[translation]
ministry for
foreign affairs
Stockholm, June 1, 1932
Mr. Charge d'affaires:
By letter of January 27 last Mr. Morehead informed me that — pending
the coming into force between Sweden and the United States of America of
the international load line convention of July 5, 1930 — the United States
Government is prepared to agree with the Government of the King that
the competent Swedish and American authorities reciprocally recognize the
load line marks of merchant vessels of the other country, determined in con-
formance with the regulations in force in the respective countries, as well as
the load line certificates delivered in conformance with the same regulations,
on condition, however, that the marks should correspond to the indications
LOAD-LINE CERTIFICATES— JANUARY 27 AND JUNE 1, 1932 775
set forth in the load line certificates, that the hull and the superstructures
certified shall not have undergone after the delivery of the certificate modifica-
tions of sufficient importance to affect the calculation upon which the load
line was based and that alterations have not been made so that the
(1) protection of openings,
(2) guard rails,
(3) freeing ports, and
(4) means of access to crews quarters
have rendered the vessels manifestly unfit to proceed to sea without danger
to human life. Mr. Morehead informed me at the same time that his Gov-
ernment is likewise prepared to agree with the Royal Government that the
competent Swedish and American authorities reciprocally recognize load
line marks for tankers and ships of special types determined in conformance
with the regulations set forth by the above-mentioned convention for ships of
special types ; he informed me furthermore of the desire of his Government to
see the load line certificates delivered in such case by the Swedish authorities
bear the indication that the load line marks are determined in conformance
with the rules under reference.
In reply to this courteous communication I have the honor to inform
you that the Government of the King approves the arrangement set forth
above and that it is ready to conform with the desire expressed by your Gov-
ernment concerning the indication to be carried in the load line certificates
delivered for tankers and ships of special types marked in conformance with
the regulations of the international load line convention of July 5, 1930.
It is understood that the present exchange of Mr. Morehead's note under
reference and of the present note shall be considered as an agreement reached
between our two countries on this subject.
Please accept, Mr. Charge d' Affaires, the assurances of my most distin-
guished consideration.
Ramel
Mr. Edward Savage Crocker
Charge a" Affaires of the United States of America (etc., etc., etc.)
Stockholm
CUSTOMS PRIVILEGES FOR DIPLOMATIC
PERSONNEL
Exchange of notes at Washington January 5 and 17, 1933
Entered into force January 17, 1933
Department of State files
The Secretary of State to the Swedish Minister
January 5, 1933
Sir:
I have the honor to inform you that the Department has been advised by
the American Minister at Stockholm that clerks and other Legation employees
not of Swedish nationality enjoy the privilege of importing articles for their
personal use free of duty, as well as free entry on arrival and return from
leave. Upon receipt of this information, the Department communicated
with the Treasury Department with a view to obtaining like privileges for
the clerks and other employees of Swedish nationality at the Swedish Lega-
tion in Washington.
I have pleasure in informing you that the Department is now in receipt
of a reply from the Treasury Department consenting to the extension
of the above mentioned privilege to the clerks and other employees of your
Legation who are Swedish nationals and not engaged in any private occu-
pation for gain, on the understanding that no article the importation of
which is prohibited by the laws of the United States shall be imported by
them. The arrangement, which will be effective immediately, includes free
entry on arrival and return to their posts after leave of absence spent abroad
and free entry of articles imported by such employees for personal use at
any time during their employment as above stated. Domestic servants em-
ployed by members of the Legation Staff will not be accorded the privilege
of free importation of articles for their personal use subsequent to arrival.
Accept, Sir, the renewed assurances of my highest consideration.
For the Secretary of State:
W. R. Castle, Jr.
Mr. W. Bostrom
Minister of Sweden
776
CUSTOMS PRIVILEGES— JANUARY 5 AND 17, 1933 777
LEGATION OF SWEDEN
WASHINGTON, D.C.
The Swedish Minister to the Secretary of State
January 17, 1933
Sir:
I have the honour to acknowledge with best thanks the receipt of Your
Excellency's note dated January 5, 1933, by which you were kind enough
to inform me that according to information received from the Treasury
Department clerks and other employees of this Legation who are Swedish
nationals and not engaged in any private occupation for gain will be accorded
the privilege of importing articles for their personal use, free of duty, as well
as free entry on arrival and return from leave, on the understanding that
no article the importation of which is prohibited by the laws of the United
States shall be imported by them.
With renewed assurances of my highest consideration, I have the honour
to remain, Sir,
Your most obedient servant,
W. Bostrom
The Honourable,
Henry L. Stimson
Secretary of State
etc. etc. etc.
Washington, D.C.
MILITARY SERVICE: DUAL NATIONALITY
Convention signed at Stockholm January 31, 1933
Ratified by Sweden June 2, 1933
Senate advice and consent to ratification February 6, 1935
Ratified by the President of the United States February 11, 1935
Ratifications exchanged at Washington February 20, 1935
Entered into force May 20, 1935
Proclaimed by the President of the United States May 20, 1935
49 Stat. 3195; Treaty Series 890
The President of the United States of America and His Majesty the King
of Sweden, being desirous of regulating the question of exemption from mili-
tary obligations of persons possessing the nationality of both the High Con-
tracting Parties, have decided to enter into a Convention for that purpose,
and have appointed as Their Plenipotentiaries:
The President of the United States of America:
The Honorable John Motley Morehead, Envoy Extraordinary and Min-
ister Plenipotentiary of the United States of America at Stockholm ;
His Majesty the King of Sweden :
Mr. Osten Unden, acting Chief of His Ministry for Foreign Affairs, Min-
ister without portfolio;
who, having communicated their full powers found in good and due
form, have agreed as follows:
Article 1
A person possessing the nationality of both the High Contracting Parties
who habitually resides in the territory of one of them and who is in fact
most closely connected with that Party shall be exempt from all military
obligations in the territory of the other Party.
Article 2
The present Convention shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof,
and by His Majesty the King of Sweden with the consent of the Riksdag of
778
MILITARY SERVICE— JANUARY 31, 1933 779
Sweden and shall enter in effect three months after the exchange of ratifi-
cations at Washington and shall remain in force until the expiration of six
months from the day on which one of the Parties shall have given notice
to the other for its termination.
In witness whereof the respective Plenipotentiaries have signed the present
Convention in duplicate in the English and Swedish languages and have
thereunto affixed their seals.
Done at Stockholm the 31st day of January, 1933.
John Motley Morehead [seal]
osten unden [seal]
AIR NAVIGATION
Exchange of notes at Washington September 8 and 9, 1933, with text
of arrangement
Entered into force October 9, 1933
Supplemented by agreement of December 16, 1944 1
48 Stat. 1 788 ; Executive Agreement Series 47
The Secretary of State to the Swedish Charge d} Affaires ad interim
Department of State
Washington, September 8, 1933
Sir:
Reference is made to the negotiations which have taken place between the
Government of the United States of America and the Government of Swe-
den for the conclusion of a reciprocal air navigation arrangement between
the United States of America and Sweden, governing the operation of civil
aircraft of the one country in the other country.
It is my understanding that it has been agreed in the course of the negoti-
ations, now terminated, that this arrangement shall be as follows:
Arrangement between the United States of America and Sweden
Concerning the Operation of Civil Aircraft of the One Coun-
try in the Territory of the Other Country
Article 1
Pending the conclusion of a convention between the United States of
America and Sweden on the subject of air naviation, the operation of civil
aircraft of the one country in the other country shall be governed by the fol-
lowing provisions.
Article 2
The present arrangement shall apply to continental United States of
America, exclusive of Alaska, and to Sweden, including the adjacent terri-
torial waters of the two countries.
1EAS431,^oiiJp. 825.
780
AIR NAVIGATION— SEPTEMBER 8 AND 9, 1933 781
Article 3
The term aircraft with reference to one or the other party to this arrange-
ment shall be understood to mean civil aircraft, including state aircraft used
exclusively for commercial purposes, duly registered in the territory of such
party.
Article 4
Each of the parties undertakes to grant liberty of passage above its territory
in time of peace to the aircraft of the other party, provided that the condi-
tions set forth in the present arrangement are observed.
It is, however, agreed that the establishment and operation of regular air
routes by an air transport company of one of the parties within the territory
of the other party or across the said territory with or without intermediary
landing, shall be subject to the prior consent of the other party given on the
principle of reciprocity and at the request of the party whose nationality the
air transport company possesses.
Each party to this arrangement agrees that its consent for operations over
its territory by air transport companies of the other party may not be re-
fused on unreasonable or arbitrary grounds. The consent may be made sub-
ject to special regulations relating to aerial safety and public order.
The parties to this arrangement agree that the period in which pilots may,
while holding valid pilot licenses issued or rendered valid by either country,
operate registered aircraft of that country in the other country for non-
industrial or non-commercial purposes shall be limited to a period not exceed-
ing six months from the time of entry for the purpose of operating aircraft,
unless prior to the expiration of this period the pilots obtain from the Gov-
ernment of the country in which they are operating, pilot licenses authorizing
them to operate aircraft for non-industrial or non-commercial purposes.
Article 5
The aircraft of each of the parties to this arrangement, their crews and
passengers, shall, while within the territory of the other party, be subject to
the general legislation in force in that territory as well as the regulations in
force therein relating to air traffic in general, to the transport of passengers
and goods and to public safety and order in so far as these regulations apply
to all foreign aircraft, their crews and passengers.
Each of the parties to this arrangement shall permit the import or export
of all merchandise which may be legally imported or exported and also the
carriage of passengers, subject to any customs, immigration and quarantine
restrictions, into or from their respective territories in the aircraft of the other
party, and such aircraft, their passengers and cargoes, shall enjoy the same
privileges as and shall not be subjected to any other or higher duties or charges
than those which the aircraft of the country, imposing such duties or charges,
engaged in international commerce, and their cargoes and passengers, or the
782 SWEDEN
aircraft of any foreign country likewise engaged, and their cargoes and pas-
sengers, enjoy or are subjected to.
Each of the parties to this arrangement may reserve to its own aircraft air
commerce between any two points neither of which is in a foreign country.
Nevertheless the aircraft of either party may proceed from any aerodrome in
the territory of the other party which they are entitled to use to any other
such aerodrome either for the purpose of landing the whole or part of their
cargoes or passengers or of taking on board the whole or part of their cargoes
or passengers, provided that such cargoes are covered by through bills of
lading, and such passengers hold through tickets, issued respectively for a
journey whose starting place and destination both are not points between
which air commerce has been duly so reserved, and such aircraft, while pro-
ceeding as aforesaid, from one aerodrome to another, shall, notwithstanding
that such aerodromes are points between which air commerce has been duly
reserved, enjoy all the privileges of this arrangement.
Article 6
Each of the parties to this arrangement reserves the right to forbid flights
over certain areas of its territory which are or may hereafter be designated as
prohibited areas.
Each of the parties reserves the right under exceptional circumstances in
time of peace and with immediate effect temporarily to limit or prohibit air
traffic above its territory on condition that in this respect no distinction is
made between the aircraft of the other party and the aircraft of any foreign
country.
Article 7
Any aircraft which finds itself over a prohibited area shall, as soon as it is
aware of the fact, give the signal of distress prescribed in the Rules of the Air
in force in the territory flown over and shall land as soon as possible at an
aerodrome situated in such territory outside of but as near as possible to such
prohibited area.
Article 8
All aircraft shall carry clear and visible nationality and registration marks
whereby they may be recognized during flight. In addition, they must bear
the name and address of the owner.
All aircraft shall be provided with certificates of registration and of air-
worthiness and with all the other documents prescribed for air traffic in the
territory in which they are registered.
The members of the crew who perform, in an aircraft, duties for which a
special permit is required in the territory in which such aircraft is registered,
shall be provided with all documents and in particular with the certificates
and licenses prescribed by the regulations in force in such territory.
AIR NAVIGATION— SEPTEMBER 8 AND 9, 1933 783
The other members of the crew shall carry documents showing their duties
in the aircraft, their profession, identity and nationality.
The certificates of airworthiness, certificates of competency and licenses
issued or rendered valid by one of the parties to this arrangement in respect of
an aircraft registered in its territory or of the crew of such aircraft shall have
the same validity in the territory of the other party as the corresponding docu-
ments issued or rendered valid by the latter.
Each of the parties reserves the right for the purpose of flight within its
own territory to refuse to recognize certificates of competency and licenses is-
sued to nationals of that party by the other party.
Article 9
Aircraft of either of the parties to this arrangement may carry wireless ap-
paratus in the territory of the other party only if a license to install and work
such apparatus shall have been issued by the competent authorities of the
party in whose territory the aircraft is registered. The use of such apparatus
shall be in accordance with the regulations on the subject issued by the com-
petent authorities of the territory within whose air space the aircraft is
navigating.
Such apparatus shall be used only by such members of the crew as are pro-
vided with a special license for the purpose issued by the Government of the
territory in which the aircraft is registered.
The parties to this arrangement reserve respectively the right, for reasons
of safety, to issue regulations relative to the obligatory equipment of aircraft
with wireless apparatus.
Article 10
No arms of war, explosives of war, or munitions of war shall be carried by
aircraft of either party above the territory of the other party or by the crew
or passengers, except by permission of the competent authorities of the terri-
tory within whose air space the aircraft is navigating.
Article 1 1
Upon the departure or landing of any aircraft each party may within its
own territory and through its competent authorities search the aircraft of the
other party and examine the certificates and other documents prescribed.
Article 12
Aerodromes open to public air traffic in the territory of one of the parties
to this arrangement shall in so far as they are under the control of the party
in whose territory they are situated be open to all aircraft of the other party,
which shall also be entitled to the assistance of the meteorological services, the
wireless services, the lighting services and the day and night signalling serv-
ices, in so far as the several classes of services are under the control of the party
30S-582— 73 51
784 SWEDEN
in whose territory they respectively are rendered. Any scale of charges made,
namely, landing, accomodation or other charge, with respect to the aircraft of
each party in the territory of the other party, shall in so far as such charges are
under the control of the party in whose territory they are made be the same
for the aircraft of both parties.
Article 13
All aircraft entering or leaving the territory of either of the parties to this
arrangement shall land at or depart from an aerodrome open to public air
traffic and classed as a customs aerodrome at which facilities exist for enforce-
ment of immigration regulations and clearance of aircraft, and no inter-
mediary landing shall be effected between the frontier and the aerodrome.
In special cases the competent authorities may allow aircraft to land at or
depart from other aerodromes, at which customs, immigration and clearance
facilities have been arranged. The prohibition of any intermediary landing
applies also in such cases.
In the event of a forced landing outside the aerodromes, referred to in the
first paragraph of this article, the pilot of the aircraft, its crew and the pas-
sengers shall conform to the customs and immigration regulations in force
in the territory in which the landing has been made.
Aircraft of each party to this arrangement are accorded the right to enter
the territory of the other party subject to compliance with quarantine regula-
tions in force therein.
The parties to this arrangement shall exchange lists of the aerodromes in
their territories designated by them as ports of entry and departure.
Article 14
Each of the parties to this arrangement reserves the right to require that
all aircraft crossing the frontiers of its territory shall do so either between
certain points, or close by an aviation customs office in that territory, at such
altitude that signals can be received, even though there should be no landing
of the aircraft. The contracting parties shall inform each other of the points
where the respective frontiers thus may be crossed.
It is understood that neither of the courses mentioned in the preceding
paragraph exempts aircraft crossing the frontiers of either party from the
obligation of landing at a regular airport of entry, as stipulated in Article 13.
Article 15
As ballast, only fine sand or water may be dropped from an aircraft.
Article 16
No article or substance, other than ballast, may be unloaded or otherwise
discharged in the course of flight unless special permission for such purpose
AIR NAVIGATION— SEPTEMBER 8 AND 9, 1933 785
shall have been given by the authorities of the territory in which such
unloading or discharge takes place.
Article 17
Whenever questions of nationality arise in carrying out the present ar-
rangement, it is agreed that every aircraft shall be deemed to possess the
nationality of the party in whose territory it is duly registered.
Article 18
The parties to this arrangement shall communicate to each other the reg-
ulations relative to air traffic in force in their respective territories.
Article 19
The present arrangement shall be subject to termination by either party
upon sixty days' notice given to the other party or by the enactment by either
party of legislation inconsistent therewith.
I shall be glad to have you inform me whether the text of the arrangement
herein set forth is as agreed to by your Government. If so, it is suggested
that it should be understood that the arrangement will become effective on
October 9, 1933.
Accept, Sir, the renewed assurances of my high consideration.
Cordell Hull
Baron Johan Beck-Friis
Charge d' Affaires ad interim of Sweden
The Swedish Charge d' Affaires ad interim to the Secretary of State
Legation of Sweden
Washington, D.C., September 8, 1933
Sir:
Reference is made to the negotiations which have taken place between the
Government of Sweden and the Government of the United States of America
for the conclusion of a reciprocal air navigation arrangement between
Sweden and the United States of America, governing the operation of civil
aircraft of the one country in the other country.
It is my understanding that it has been agreed in the course of the nego-
tiations, now terminated, that this arrangement shall be as follows:
[For text of arrangement, see U.S. note, above.]
I shall be glad to have Your Excellency inform me whether the text of
the arrangement herein set forth is as agreed to by your Government. If so,
786 SWEDEN
it is suggested that it should be understood that the arrangement will become
effective on October 9, 1933.
With renewed assurances of my highest consideration, I have the honour
to remain, Sir,
Your most obedient servant,
Johan Beck-Frhs
The Honourable
Cordell Hull
Secretary of State
etc. etc. etc.
The Swedish Charge d' Affaires ad interim to the Secretary of State
Legation of Sweden
Washington, D.C., September 9, 1933
Sm:
I have the honour to acknowledge receipt of Your Excellency's communi-
cation of September 8, 1933, and to state that the text given therein of the
arrangement between Sweden and the United States of America, governing
the operation of civil aircraft of the one country in the other country, meets
with the approval of the Swedish Government. There is agreement to the
effect that the arrangement shall become effective on October 9, 1933.
With renewed assurances of my highest consideration, I have the honour
to remain, Sir,
Your most obedient servant,
Johan Beck-Frhs
The Honourable
Cordell Hull
Secretary of State
etc. etc. etc.
The Secretary of State to the Swedish Charge d' 'Affaires ad interim
Department of State
Washington, September 9, 1933
Sir:
I have the honor to acknowledge receipt of your communication of Sep-
tember 8, 1933, and to state that the text given therein of the arrangement
between the United States of America and Sweden, governing the operation
of civil aircraft of the one country in the other country, meets with the ap-
AIR NAVIGATION— SEPTEMBER 8 AND 9, 1933 787
proval of the Government of the United States. There is agreement to the
effect that the arrangement shall become effective on October 9, 1933.
Accept, Sir, the renewed assurances of my high consideration.
Cordell Hull
Baron Johan Beck-Frhs
Charge d' Affaires ad interim of Sweden
PILOT LICENSES FOR CIVIL AIRCRAFT
Exchange of notes at Washington September 8 and 9, 1933, with text
of arrangement
Entered into force October 9, 1933
48 Stat. 1 799 ; Executive Agreement Series 48
The Secretary of State to the Swedish Charge d' Affaires ad interim
Department of State
Washington, September 8, 1933
Sir:
Reference is made to the negotiations which have taken place between
the Government of the United States of America and the Government of
Sweden for the conclusion of a reciprocal arrangement between the United
States of America and Sweden providing for the issuance by the one country
of licenses to nationals of the other country authorizing them to pilot civil
aircraft.
It is my understanding that it has been agreed in the course of the negotia-
tions, now terminated, that this arrangement shall be as follows:
Arrangement Between the United States of America and Sweden
Concerning the Issuance by the One Country of Licenses
to Nationals of the Other Country Authorizing Them to
Pilot Civil Aircraft
Article 1
The present arrangement between the United States of America and
Sweden relates to the issuance by each country of licenses to nationals of the
other country for the piloting of civil aircraft. The term "civil aircraft"
shall be understood to mean aircraft used for private, industrial, commercial
or transport purposes.
Article 2
(a) The Office of Civil Aviation (Luftfartsmyndigheten) of Sweden will
issue pilots' licenses to American nationals upon a showing that they are quali-
fied under the regulations of that Office covering the licensing of pilots.
(b) The Department of Commerce of the United States of America
will issue pilots' licenses to Swedish nationals upon a showing that they
788
PILOT LICENSES— SEPTEMBER 8 AND 9, 1933 789
are qualified under the regulations of that Department covering the licensing
of pilots.
Article 3
(a) Pilots' licenses issued by the Department of Commerce of the United
States of America to Swedish nationals shall entide them to the same privi-
leges as are granted by pilots' licenses issued to American nationals.
(b) Pilots' licenses issued by the Office of Civil Aviation ( Luftf artsmyn-
digheten) of Sweden to American nationals shall entitle them to the same
privileges as are granted by pilots' licenses issued to Swedish nationals.
Article 4
Pilots' licenses issued to nationals of the one country by the competent
authority of the other country shall not be construed to accord to the licensees
the right to register aircraft in such other country.
Article 5
Pilots' licenses issued to nationals of the one country by the competent
authority of the other country shall not be construed to accord to the licensees
the right to operate aircraft in air commerce wholly within territory of such
other country reserved to national aircraft, unless the aircraft have been
registered under the laws of the country issuing the pilots' licenses.
Article 6
(a) Swedish nationals shall while holding valid pilot licenses issued
by the Office of Civil Aviation ( Luftf artsmyndigheten ) of Sweden be per-
mitted to operate in Continental United States of America, exclusive of
Alaska, for non-industrial or non-commercial purposes for a period not
exceeding six months from the time of entering that country, any civil air-
craft registered by the Office of Civil Aviation (Luftf artsmyndigheten) of
Sweden, and/or any civil aircraft registered by the United States Depart-
ment of Commerce. The period of validity of the licenses first mentioned in
this paragraph shall, for the purpose of this paragraph, include any renewal
of the license by the pilot's own government made after the pilot has entered
Continental United States of America. No person to whom this provision
applies shall be allowed to operate civil aircraft in Continental United States
of America, exclusive of Alaska, for non-industrial or non-commercial pur-
poses for a period of more than six months from the time of entering that
country unless he shall, prior to the expiration of such period, have obtained
a pilot license from the United States Department of Commerce in the
manner provided for in this arrangement.
(b) American nationals shall while holding valid pilot licenses issued
by the United States Department of Commerce be permitted to operate
in Sweden for non-industrial or non-commercial purposes for a period not
exceeding six months from the time of entering that country, any civil air-
790 SWEDEN
craft registered by the United States Department of Commerce, and/or any
civil aircraft registered by the Office of Civil Aviation ( Luf tf artsmyndighe-
ten) of Sweden. The period of validity of the licenses first mentioned in
this paragraph shall, for the purpose of this paragraph, include any renewal
of the license by the pilot's own government made after the pilot has entered
Sweden. No person to whom this provision applies shall be allowed to operate
civil aircraft in Sweden for non-industrial or non-commercial purposes for
a period of more than six months from the time of entering that country
unless he shall, prior to the expiration of such period, have obtained a pilot's
license from the Office of Civil Aviation ( Luf tf artsmyndigheten ) of Sweden
in the manner provided for in this arrangement.
(c) The conditions under which pilots of the nationality of either
country may operate aircraft of their country in the other country, as pro-
vided for in this article, shall be as stipulated in the air navigation arrange-
ment 1 in force between the parties to this arrangement for the issuance of
pilot licenses; and the conditions under which pilots of the nationality of
either country may operate aircraft of the other country, as provided for
in this article, shall be in accordance with the requirements of such other
country.
Article 7
The present arrangement shall be subject to termination by either party
upon sixty days' notice given to the other party or by the enactment by
either party of legislation inconsistent therewith.
I shall be glad to have you inform me whether the text of the arrange-
ment herein set forth is as agreed to by your Government. If so, it is sug-
gested that it should be understood that the arrangement will become effec-
tive on October 9, 1933.
Accept, Sir, the renewed assurances of my high consideration.
Cordell Hull
Baron Johan Beck-Frhs
Charge d'Aff aires ad interim of Sweden
The Swedish Charge d'Aff aires ad interim to the Secretary of State
Legation of Sweden
Washington, D.C., September 8, 1933
Sir:
Reference is made to the negotiations which have taken place between
the Government of Sweden and the Government of the United States of
1 EAS 47, ante, p. 780.
PILOT LICENSES— SEPTEMBER 8 AND 9, 1933 791
America for the conclusion of a reciprocal arrangement between Sweden and
the United States of America providing for the issuance by the one country
of licenses to nationals of the other country authorizing them to pilot civil
aircraft.
It is my understanding that it has been agreed in the course of the negotia-
tions, now terminated, that this arrangement shall be as follows:
[For text of arrangement, see U.S. note, above.]
I shall be glad to have Your Excellency inform me whether the text of the
arrangement herein set forth is as agreed to by your Government. If so, it is
suggested that it should be understood that the arrangement will become
effective on October 9, 1933.
With renewed assurances of my highest consideration, I have the honour
to remain, Sir,
Your most obedient servant,
Johan Beck-Friis
The Honourable
Cordell Hull
Secretary of State
etc. etc. etc.
The Swedish Charge d' Affaires ad interim to the Secretary of State
Legation of Sweden
Washington, D.C., September 9, 1933
Sir:
I have the honour to acknowledge receipt of Your Excellency's communi-
cation of September 8, 1933, and to state that the text given therein of the
arrangement between Sweden and the United States of America, providing
for the issuance by the one country of licenses to nationals of the other country
authorizing them to pilot civil aircraft, meets with the approval of the Swed-
ish Government. There is agreement to the effect that the arrangement shall
become effective on October 9, 1933.
With renewed assurances of my highest consideration, I have the honour
to remain, Sir,
Your most obedient servant,
Johan Beck-Friis
The Honourable
Cordell Hull
Secretary of State
etc. etc. etc.
308-582 — 73 52
792 SWEDEN
The Secretary of State to the Swedish Charge d' Affaires ad interim
Department of State
Washington, September 9, 1933
Sir:
I have the honor to acknowledge receipt of your communication of Sep-
tember 8, 1933, and to state that the text given therein of the arrangement
between the United States of America and Sweden, providing for the issu-
ance by the one country of licenses to nationals of the other country author-
izing them to pilot civil aircraft, meets with the approval of the Government
of the United States. There is agreement to the effect that the arrangement
shall become effective on October 9, 1933.
Accept, Sir, the renewed assurances of my high consideration.
Cordell Hull
Baron Johan Beck-Frhs
Charge d' Affaires ad interim of Sweden
RECOGNITION OF CERTIFICATES OF
AIRWORTHINESS FOR IMPORTED AIRCRAFT
Exchange of notes at Washington September 8 and 9, 1933, with text
of arrangement
Entered into force October 9, 1933
Replaced by agreement of December 22, 1954 1
48 Stat. 1805; Executive Agreement Series 49
The Secretary of State to the Swedish Charge d' Affaires ad interim
Department of State
Washington, September 8, 1933
Sir:
Reference is made to the negotiations which have taken place between
the Government of the United States of America and the Government of
Sweden for the conclusion of a reciprocal arrangement between the United
States of America and Sweden providing for the acceptance by the one coun-
try of certificates of airworthiness for aircraft exported from the other country
as merchandise.
It is my understanding that it has been agreed in the course of the negotia-
tions, now terminated, that this arrangement shall be as follows :
Arrangement between the United States of America and Sweden
Concerning the Acceptance by the One Country of Certifi-
cates of Airworthiness for Aircraft Exported from the Other
Country as Merchandise
Article 1
The present arrangement applies to civil aircraft constructed in conti-
nental United States of America, exclusive of Alaska, and exported to Swe-
den ; and to civil aircraft constructed in Sweden and exported to continental
United States of America, exclusive of Alaska.
Article 2
The same validity shall be conferred on certificates of airworthiness issued
793
794 SWEDEN
by the competent authorities of the Government of the United States in
respect of aircraft subsequently registered in Sweden as if they had been
issued under the regulations in force on the subject in Sweden provided that
in each case a certificate of airworthiness for export has also been issued by
the United States authorities in respect of the individual aircraft, and pro-
vided that certificates of airworthiness issued by the competent authorities of
Sweden in respect of aircraft subsequently registered in the United States
of America are similarly given the same validity as if they had been issued
under the regulations in force on the subject in the United States.
Article 3
This arrangement will extend to civil aircraft of all categories, including
those used for public transport and those used for private purposes, and to
aircraft engines and spare parts of aircraft and engines.
Article 4
The present arrangement may be terminated by either Government on
sixty days' notice given to the other Government. In the event, however,
that either Government should be prevented by future action of its legis-
lature from giving full effect to the provisions of this arrangement it shall
automatically lapse.
I shall be glad to have you inform me whether the text of the arrange-
ment herein set forth is as agreed to by your Government. If so, it is sug-
gested that it should be understood that the arrangement will become
effective on October 9, 1933.
Accept, Sir, the renewed assurances of my high consideration.
Cordell Hull
Baron Johan Beck-Frhs
Charge d' Affaires ad interim of Sweden
The Swedish Charge d' Affaires ad interim to the Secretary of State
Legation of Sweden
Washington, D.C., September 8, 1933
Sir:
Reference is made to the negotiations which have taken place between
the Government of Sweden and the Government of the United States of
America for the conclusion of a reciprocal arrangement between Sweden
and the United States of America providing for the acceptance by the
CERTIFICATES OF AIRWORTHINESS— SEPT. 8 AND 9, 1933 795
one country of certificates of airworthiness for aircraft exported from the
other country as merchandise.
It is my understanding that it has been agreed in the course of the nego-
tiations, now terminated, that this arrangement shall be as follows:
[For text of arrangement, see U.S. note, above.]
I shall be glad to have Your Excellency inform me whether the text of
the arrangement herein set forth is as agreed to by your Government. If so,
it is suggested that it should be understood that the arrangement will become
effective on October 9, 1933.
With renewed assurances of my highest consideration, I have the honour
to remain, Sir,
Your most obedient servant,
JOHAN BECK-FRIIS
The Honourable
Cordell Hull
Secretary of State
etc. etc. etc.
The Swedish Charge d' Affaires ad interim to the Secretary of State
Legation of Sweden
Washington, D.C., September 9, 1933
Sir:
I have the honour to acknowledge receipt of Your Excellency's commu-
nication of September 8, 1933, and to state that the text given therein of
the arrangement between Sweden and the United States of America, pro-
viding for the acceptance by the one country of certificates of airworthiness
for aircraft exported from the other country as merchandise, meets with
the approval of the Swedish Government. There is agreement to the effect
that the arrangement shall become effective on October 9, 1933.
With renewed assurances of my highest consideration, I have the honour
to remain, Sir,
Your most obedient servant,
Johan Beck-Frus
The Honourable
Cordell Hull
Secretary of State
etc. etc. etc.
796 SWEDEN
The Secretary of State to the Swedish Charge a" Affaires ad interim
Department of State
Washington, September 9, 1933
Sir:
I have the honor to acknowledge receipt of your communication of Sep-
tember 8, 1933, and to state that the text given therein of the arrangement
between the United States of America and Sweden, providing for the ac-
ceptance by the one country of certificates of airworthiness for aircraft ex-
ported from the other country as merchandise, meets with the approval of
the Government of the United States. There is agreement to the effect that
the arrangement shall become effective on October 9, 1933.
Accept, Sir, the renewed assurances of my high consideration.
Cordell Hull
Baron Johan Beck-Frhs
Charge d' Affaires ad interim of Sweden
EXTRADITION
Treaty signed at Washington May 17, 1934, supplementing treaty of
January 14, 1893
Senate advice and consent to ratification June 15, 1934
Ratified by the President of the United States June 27, 1934
Ratified by Sweden July 24, 1934
Ratifications exchanged at Stockholm July 31, 1934
Entered into force July 31, 1934
Proclaimed by the President of the United States August 11, 1934
Terminated June 4, 1951 1
49 Stat. 2688; Treaty Series 870
The President of the United States of America and His Majesty the King
of Sweden, being desirous of enlarging the list of crimes and offenses on
account of which extradition may be granted under the Extradition Treaty
of January 14, 1893,2 between the United States of America and Sweden,
have resolved to conclude a Supplementary Treaty for this purpose and have
appointed as their Plenipotentiaries, to wit:
The President of the United States of America:
Cordell Hull, Secretary of State of the United States of America; and
His Majesty the King of Sweden:
W. Bostrom, Envoy Extraordinary and Minister Plenipotentiary of Sweden
at Washington,
Who, having communicated to each other their respective full powers,
which were found to be in due and proper form, have agreed to and concluded
the following articles:
Article I
To the list of crimes and offenses numbered 1 to 12 in Article II of the
Treaty of January 14, 1893, the following, contained in a paragraph num-
bered 13, is added:
13. Crimes and offenses against the bankruptcy laws, provided the act in
the United States of America is punishable as a felony and in Sweden is
regarded as a crime that may be punished according to the Swedish Penal
Law by imprisonment at hard labor.
1 Pursuant to notice of termination given by Sweden Dec. 2, 1950 (received Dec. 4, 1950) .
*TS 351, ante, p. 723.
797
798 SWEDEN
Article II
The present Treaty shall be considered as an integral part of the said
Extradition Treaty of January 14, 1893, Article II of which shall be read
as if the list of crimes and offenses therein contained had originally comprised
the additional crimes and offenses specified and numbered 13 in the first
Article of the present Treaty.
The present Treaty shall be ratified and the ratifications shall be ex-
changed at Stockholm as soon as possible. It shall take effect on the date of
the exchange of ratifications.
In witness whereof, the respective Plenipotentiaries have signed the
present Supplementary Treaty and have thereto affixed their seals.
Done, in duplicate, at Washington this seventeenth day of May, in the
year of our Lord one thousand nine hundred and thirty-four.
Cordell Hull [seal]
W. Bostrom [seal]
RECIPROCAL TRADE
Agreement signed at Washington May 25, 1935 1
Approved by the President of the United States June 12, 1935
Ratified by Sweden June 15, 1935
Approval and ratification exchanged at Stockholm July 6, 1935
Proclaimed by the President of the United States July 8, 1935
Entered into force August 5, 1935
Modified by agreement of June 24, 1947 2
Terminated June 30, 1950, by agreement of May 25, 1950 3
49 Stat. 3755 ; Executive Agreement Series 79
The President of the United States of America and His Majesty the King
of Sweden, being desirous of strengthening the traditional bonds of friend-
ship between the two countries by maintaining and giving the fullest pos-
sible effect to the principle of equality of treatment in their commercial rela-
tions and by granting mutual and reciprocal concessions and advantages for
the promotion of trade, have through their respective Plenipotentiaries ar-
rived at the following Agreement :
Article I
The United States of America and Sweden will grant each other uncondi-
tional and unrestricted most-favored-nation treatment in all matters concern-
ing the customs duties and subsidiary charges of every kind and in the method
of levying duties, and, further, in all matters concerning the rules, formalities
and charges imposed in connection with the clearing of goods through the
customs, and with respect to all laws or regulations affecting the sale or use
of imported goods within the country.
Accordingly, natural or manufactured products having their origin in
either of the countries shall in no case be subject, in regard to the matters
referred to above, to any duties, taxes or charges other or higher, or to any
rules or formalities other or more burdensome, than those to which the like
products having their origin in any third country are or may hereafter be
subject.
1For schedules annexed to agreement, see 49 Stat. 3768 or p. 14 of EAS 79.
3TIAS 1711, post, p. 837.
*2UST641:TIAS2216.
799
800 SWEDEN
Similarly, natural or manufactured products exported from the territory
of the United States of America or Sweden and consigned to the territory
of the other country shall in no case be subject with respect to exportation
and in regard to the above-mentioned matters, to any duties, taxes or charges
other or higher, or to any rules or formalities other or more burdensome, than
those to which the like products when consigned to the territory of any third
country are or may hereafter be subject.
Any advantage, favor, privilege or immunity which has been or may here-
after be granted by the United States of America or Sweden in regard to the
above-mentioned matters, to a natural or manufactured product originating
in any third country or consigned to the territory of any third country shall
be accorded immediately and without compensation to the like product origi-
nating in or consigned to the territory in Sweden or the United States of
America, respectively, and irrespective of the nationality of the carrier.
Article II
Neither the United States of America nor Sweden shall establish any pro-
hibition or maintain any restriction on imports from the territory of the other
country which is not applied to the importation of any like article originating
in any third country. Any abolition of an import prohibition or restriction
which may be granted even temporarily by either country in favor of an article
of a third country shall be applied immediately and unconditionally to the
like article originating in the territory of the other country. These provisions
equally apply to exports.
In the event of rations or quotas being established by either the United
States of America or Sweden for the importation of any article it is agreed
that in the allocation of the quantity of restricted goods which may be author-
ized for importation, the other country will be granted a share equivalent to
the proportion of the trade which it would normally enjoy.
In all matters concerning the rules, formalities or charges imposed in con-
nection with any form of quantitative restriction on the importation of any
article, the United States of America and Sweden agree to extend to each
other every favor granted to a third country.
Article III
Articles the growth, produce or manufacture of the United States of Amer-
ica, enumerated and described in Schedule 1 4 annexed to this Agreement
and made a part thereof, shall, on their importation into Sweden, be exempt
from ordinary customs duties in excess of those set forth in the said Schedule.
The said articles shall also be exempt from all other duties, taxes, fees, charges
'See footnote l,p. 799.
RECIPROCAL TRADE— MAY 25, 1935 801
or exactions, imposed on or in connection with importation, in excess of those
imposed on the day of the signature of this Agreement or required to be im-
posed thereafter under laws of Sweden in force on the day of the signature of
this Agreement.
Article IV
Articles the growth, produce or manufacture of Sweden enumerated and
described in Schedule II annexed to this Agreement and made a part thereof,
shall, on their importation into the United States of America, be exempt
from ordinary customs duties in excess of those set forth in the said Schedule.
The said articles shall also be exempt from all other duties, taxes, fees, charges,
or exactions, imposed on or in connection with importation, in excess of those
imposed on the day of the signature of this Agreement or required to be
imposed thereafter under laws of the United States of America in force on
the day of the signature of this Agreement.
Article V
In respect of articles the growth, produce or manufacture of the United
States of America or Sweden, enumerated and described in Schedules I and
II,4 respectively, imported into the other country, on which ad valorem rates
of duty, or duties based upon or regulated in any manner by value, are or may
be assessed, it is understood and agreed that the bases and methods of deter-
mining dutiable value and of converting currencies shall be no less favorable
to importers than the bases and methods prescribed under presently existing
laws and regulations of Sweden and the United States of America,
respectively.
Article VI
Articles the growth, produce or manufacture of the United States of
America or Sweden, shall, after importation into the other country, be exempt
from all internal taxes, fees, charges or exactions other or higher than those
payable on like articles of national origin or any other foreign origin.
The provisions of this Article in regard to the granting of national treat-
ment shall not apply to taxes imposed in the United States of America on
coconut oil or on any combination or mixture containing a substantial quan-
tity of coconut oil; nor shall they affect the regulations which are now in
force or which may in future come into force in Sweden whereby alcohol dis-
tilled from foreign raw materials, starch manufactured from foreign raw
materials and tobacco imported from abroad are subject to special taxation.
In these respects, however, most-favored-nation treatment shall apply.
Article VII
No prohibitions, import quotas, import licenses, or any other form of
quantitative regulation, whether or not operated in connection with any
agency or centralized control, shall be imposed by Sweden on the importation
802 SWEDEN
or sale of any article the growth, produce or manufacture of the United States
of America enumerated and described in Schedule I, nor by the United States
of America on the importation or sale of any article the growth, produce or
manufacture of Sweden enumerated and described in Schedule II.
The foregoing provision shall not apply to quantitative restrictions in
whatever form imposed by either country on the importation or sale of any
article the growth, produce or manufacture of the other country in conjunc-
tion with governmental measures operating to regulate or control the pro-
duction, market supply, or prices of like domestic articles. Whenever the
Government of either country proposes to establish or change any restriction
authorized by this paragraph, it shall give notice thereof in writing to the
other Government and shall afford such other Government an opportunity
within thirty days after receipt of such notice to consult with it in respect
of the proposed action; and if an agreement with respect thereto is not
reached within thirty days following receipt of the aforesaid notice, the
Government which proposes to take such action shall be free to do so at any
time thereafter, and the other Government shall be free within fifteen days
after such action is taken to terminate this Agreement in its entirety on thirty
days' written notice.
Article VIII
In the event that the United States of America or Sweden establishes or
maintains a monopoly for the importation, production or sale of a particular
commodity or grants exclusive privileges, formally or in effect, to one or more
agencies to import, produce or sell a particular commodity, the Government
of the country establishing or maintaining such monopoly, or granting such
monopoly privileges, agrees that in respect of the foreign purchases of such
monopoly or agency the commerce of the other country shall receive fair
and equitable treatment. To this end it is agreed that in making its foreign
purchases of any product such monopoly or agency will be influenced solely
by those considerations, such as price, quality, marketability, and terms of
sale, which would ordinarily be taken into account by a private commercial
enterprise interested solely in purchasing such product on the most favorable
terms.
Article IX
The tariff advantages and other benefits provided for in this Agreement
are granted by the United States of America and Sweden to each other
subject to the condition that if the Government of either country shall estab-
lish or maintain, directly or indirectly, any form of control of foreign ex-
change, it shall administer such control so as to insure that the nationals and
commerce of the other country will be granted a fair and equitable share in
the allotment of exchange.
With respect to the exchange made available for commercial transactions,
it is agreed that the Government of each country shall be guided in the ad-
RECIPROCAL TRADE— MAY 25, 1935 803
ministration of any form of control of foreign exchange by the principle that,
as nearly as may be determined, the share of the total available exchange
which .is allotted to the other country shall not be less than the share employed
in a previous representative period prior to the establishment of any exchange
control for the settlement of commercial obligations to the nationals of such
other country.
The Government of each country shall give sympathetic consideration to
any representations which the other Government may make in respect of
the application of the provisions of this Article.
Article X
In the event that a wide variation occurs in the rate of exchange between
the currencies of the United States of America and Sweden, the Government
of either country, if it considers the variation so substantial as to prejudice the
industries or commerce of the country, shall be free to propose negotiations
for the modification of this Agreement; and if an agreement with respect
thereto is not reached within thirty days following receipt of such proposal,
the Government making such proposal shall be free to terminate this Agree-
ment in its entirety on thirty days' written notice.
Article XI
The Government of each country will accord sympathetic consideration to,
and, when requested, will afford adequate opportunity for consultation re-
garding such representations as the other Government may make with respect
to the operation of customs regulations, quantitative restrictions or the admin-
istration thereof, the observance of customs formalities, and the application
of sanitary laws and regulations for the protection of human, animal, or plant
life, or health.
In the event that the Government of either country adopts any measure
which, even though it does not conflict with the terms of this Agreement, is
considered by the Government of the other country to have the effect of
nullifying or impairing any object of the Agreement, the Government which
has adopted any such measure shall consider such representations and pro-
posals as the other Government may make with a view to effecting a mutually
satisfactory adjustment of the matter.
Article XII
The provisions of this Agreement relating to the treatment to be accorded
by the United States of America or Sweden to the commerce of the other
country do not apply to advantages now accorded or which may hereafter be
accorded to neighboring states in order to facilitate frontier traffic, or to
advantages resulting from a customs union to which either country may
become a party.
804 SWEDEN
Nothing in this Agreement shall be construed to prevent the adoption of
measures prohibiting or restricting the exportation or importation of gold or
silver, or to prevent the adoption of such measures as either Government may
see fit with respect to the control of the export or sale for export of arms,
munitions, or implements of war, and, in exceptional circumstances, all other
military supplies.
Subject to the requirement that there shall be no arbitrary discrimination
by either country against the other country in favor of any third country
where similar conditions prevail, the provisions of this Agreement shall not
extend to prohibitions or restrictions;
1. relating to public security;
2. imposed on moral or humanitarian grounds;
3. designed to protect human, animal or plant life or health;
4. relating to prisonmade goods;
5. relating to the enforcement of police or revenue laws.
Article XIII
Except as otherwise provided in the second paragraph of this Article, the
provisions of this Agreement relating to the treatment to be accorded by the
United States of America and Sweden, respectively, to the commerce of the
other country, shall not apply to the Philippine Islands, the Virgin Islands,
American Samoa, the Island of Guam or to the Panama Canal Zone.
The provisions of this Agreement regarding most-favored-nation treat-
ment shall apply to articles the growth, produce or manufacture of any ter-
ritory under the sovereignty or authority of the United States of America or
Sweden, imported from or exported to any territory under the sovereignty or
authority of the other country. It is understood, however, that the provisions
of this paragraph do not apply to the Panama Canal Zone.
The advantages now accorded or which may hereafter be accorded by the
United States of America, its territories and possessions and the Panama
Canal Zone to one another or to the Republic of Cuba shall be excepted from
the operation of this Agreement. The provisions of this paragraph shall con-
tinue to apply in respect of any advantages now or hereafter accorded by
the United States of America, its territories or possessions or the Panama
Canal Zone to the Philippine Islands irrespective of any change that may take
place in the political status of the Philippine Islands.
This Agreement shall not apply to the advantages which Sweden has
granted or hereafter may grant to Denmark or Norway or both countries in-
sofar as these advantages are not extended to any other country.
Article XIV
The Government of each country reserves the right to withdraw the con-
cession granted on any article under this Agreement, or to impose quantita-
RECIPROCAL TRADE— MAY 25, 1935 805
tive restrictions on any such article if at any time there should be evidence
that, as a result of the extension of such concession to any third country, such
country will obtain the major benefit of such concession and in consequence
thereof an unduly large increase in importations of such article will take
place : Provided that before the Government of either country shall avail it-
self of the foregoing reservation, it shall give notice in writing to the other
Government of its intention to do so, and shall afford such other Govern-
ment an opportunity within thirty days after receipt of such notice to con-
sult with it in respect of the proposed action; and if an agreement with
respect thereto is not reached within thirty days following receipt of the afore-
said notice, the Government which proposes to take such action shall be free
to do so at any time thereafter, and the other Government shall be free
within fifteen days after such action is taken to terminate this Agreement in
its entirety on thirty days' written notice.
Article XV
The present Agreement shall be approved by the President of the United
States of America and ratified by His Majesty the King of Sweden with the
consent of the Riksdag.
The Agreement shall come into full force on the thirtieth day after the ex-
change at Stockholm of the instruments of approval and ratification, and
shall remain in force for the term of three years thereafter, unless terminated
pursuant to the provisions of Article VII, Article X, or Article XIV.
Unless at least six months before the expiration of the aforesaid term of
three years the Government of either country shall have given to the other
Government notice of intention to terminate the Agreement upon the expira-
tion of the aforesaid term, the Agreement shall remain in force thereafter,
subject to termination under the provisions of Article VII, Article X, or
Article XIV, until six months from such time as the Government of either
country shall have given notice to the other Government.
In witness whereof the respective Plenipotentiaries have signed this
Agreement and have affixed their seals hereto.
Done in duplicate, in the English and Swedish languages, both authentic,
at the City of Washington, this 25th day of May, 1935.
For the President of the United States of America :
Cordell Hull [seal]
For His Majesty the King of Sweden :
W. Bostrom [seal]
[For schedules annexed to agreement, see 49 Stat. 3768 or p. 14 of EAS 79.]
DOUBLE TAXATION: SHIPPING PROFITS
Exchange of notes at Washington March 31, 1938; United States memo-
randum dated March 31, 1938
Entered into force March 31, 1938
52 Stat. 1490; Executive Agreement Series 121
Exchange of Notes
The Secretary of State to the Swedish Minister
Department of State
Washington, March 31, 1938
Sir:
In order to insure that American shipping will continue to enjoy the
benefits of tax exemption which have been in effect in Sweden pursuant
to the exchange of notes commencing with the Swedish Legation's notes
of January 27, 1922, and February 24, 1922,1 I have the honor to inform
you that, on condition of reciprocity, corporations, including maritime ship-
ping companies, organized in Sweden, the vessels of which, documented
under the laws of Sweden, call at ports in the United States of America
either to load or to unload cargo, or to embark or to land passengers, shall
be exempted by the Government of the United States of America from the
payment of taxes on income or profits derived exclusively from the operation
of such vessels.
In consequence thereof, Sweden is held to have satisfied the equivalent
exemption provisions of Sections 212(b) and 231(e) of the Revenue Act
of 1936 2 and the provisions for taxation of the income of corporations con-
tained in said Act shall in no case be applied to corporations, including mari-
time shipping companies, organized in Sweden.
This exemption shall apply even though a Swedish corporation or company
has an agency or a branch office in the United States, provided that the
activities of the agency or branch office are limited to the direct operation of
vessels.
1 Ante, p. 746.
s49 Stat. 1715 and 1717.
806
SHIPPING PROFITS— MARCH 31, 1938 807
By "maritime shipping companies", shall be understood companies which
are managed by an "owner" of vessels, the term "owner" including
charterers.
Income or profits derived from the operation of vessels shall also include
income or profits derived from the sale in the United States of steamship
tickets issued by a Swedish corporation or company.
The same exemption from taxation shall, on condition of reciprocity, like-
wise be enjoyed by subjects of Sweden, not residents in the United States of
America, for income which consists exclusively of earnings derived from the
operation of a vessel, or vessels, documented under the laws of Sweden.
This exemption may be terminated at any time by either Government on
six months' notice given to the other Government.
Accept, Sir, the renewed assurances of my highest consideration.
Cordell Hull
The Honorable
W. Bostrom
Minister of Sweden
The Swedish Minister to the Secretary of State
Legation of Sweden
Washington, D.C., March 31, 1938
Sir:
In order to insure that Swedish shipping will continue to enjoy the benefits
of tax exemption which have been in effect in the United States of America
pursuant to the exchange of notes commencing with the Swedish Legation's
notes of January 27, 1922, and February 24, 1922, I have the honour to
inform you that, on condition of reciprocity, corporations, including maritime
shipping companies, organized in the United States of America, the vessels of
which, documented under the laws of the United States, call at Swedish
ports either to load or to unload cargo, or to embark or to land passengers,
shall be exempted by the Government of Sweden from the payment of taxes
on income or profits derived exclusively from the operation of such vessels.
In consequence thereof, the Royal Ordinance of September 28, 1928, con-
cerning Income and Property Taxation, and The Swedish Communal Taxa-
tion Law of the same date shall in no case be applied to American shipping
corporations, including maritime shipping companies, organized in the
United States of America.
This exemption shall apply even though an American corporation or com-
pany has an agency or a branch office in Sweden, provided that the activities
of the agency or branch office be limited to the direct operation of vessels.
808 SWEDEN
By "maritime shipping companies", shall be understood companies which
are managed by an "owner" of vessels, the term "owner" including
charterers.
Income or profits derived from the operation of vessels shall also include
income or profits derived from the sale in Sweden of steamship tickets issued
by an American corporation or company.
The same exemption from taxation shall, on condition of reciprocity, like-
wise be enjoyed by citizens of the United States of America, not residents in
Sweden, for income which consists exclusively of earnings derived from the
operation of a vessel, or vessels, documented under the laws of the United
States of America.
This exemption may be terminated at any time by either Government on
six months' notice given to the other Government.
With renewed assurances of my highest consideration, I have the honour
to remain, Sir,
Your most obedient servant,
W. BOSTROM
The Honourable Cordell Hull
Secretary of State of the United States
of America
United States Memorandum
The Department of State advises the Swedish Legation that so far as it
is advised the income of foreign shipping companies is not being taxed by the
state authorities.
Department of State
Washington, March 31, 1938
DOUBLE TAXATION: INCOME AND
OTHER TAXES
Convention and protocol signed at Washington March 23, 1939
Senate advice and consent to ratification August 2, 1939
Ratified by Sweden August 21, 1939
Ratified by the President of the United States September 8, 1939
Ratifications exchanged at Stockholm November 14, 1939
Entered into force November 14, 1939; operative January 1, 1940
Proclaimed by the President of the United States December 12, 1939
Supplemented September 11, 1964, by convention of October 22, 1963 l
54 Stat. 1759; Treaty Series 958
Convention
The President of the United States of America and His Majesty the King
of Sweden, being desirous of avoiding double taxation and of establishing
rules of reciprocal administrative assistance in the case of income and other
taxes, have decided to conclude a Convention and for that purpose have
appointed as their respective Plenipotentiaries :
The President of the United States of America:
Sumner Welles, Acting Secretary of State of the United States of America;
and
His Majesty the King of Sweden:
W. Bostrom, Envoy Extraordinary and Minister Plenipotentiary at Wash-
ington ;
who, having communicated to one another their full powers found in
good and due form, have agreed upon the following Articles:
Article I
The taxes referred to in this Convention are:
(a) In the case of the United States of America:
(1) The Federal income taxes, including surtaxes and excess-profits
taxes.
1 15 UST 1824; TIAS 5656.
809
810 SWEDEN
(2) The Federal capital stock tax.
(b) In the case of Sweden:
( 1 ) The National income and property tax, including surtax.
(2) The National special property tax.
(3) The communal income tax.
It is mutually agreed that the present Convention shall also apply to any
other or additional taxes imposed by either contracting State, subsequent
to the date of signature of this Convention, upon substantially the same bases
as the taxes enumerated herein.
The benefits of this Convention shall accrue only to citizens and residents
of the United States of America, to citizens and residents of Sweden and
to United States or Swedish corporations and other entities.
Article II
An enterprise of one of the contracting States is not subject to taxation by
the other contracting State in respect of its industrial and commercial profits
except in respect of such profits allocable to its permanent establishment in
the latter State. The income thus taxed in the latter State shall be exempt
from taxation in the former State.
No account shall be taken, in determining the tax in one of the contracting
States, of the mere purchase of merchandise effected therein by an enterprise
of the other State.
The competent authorities of the two contracting States may lay down
rules by agreement for the apportionment of industrial and commercial
profits.
Article III
When an enterprise of one of the contracting States, by reason of its partici-
pation in the management or capital of an enterprise of the other contracting
State, makes or imposes on the latter in their commercial or financial rela-
tions conditions different from those which would be made with an inde-
pendent enterprise, any profits which should normally have appeared in the
balance sheet of the latter enterprise but which have been in this manner
diverted to the former enterprise may, subject to applicable measures of
appeal, be incorporated in the taxable profits of the latter enterprise. In such
case consequent rectifications may be made in the accounts of the former
enterprise.
Article IV
Income which an enterprise of one of the contracting States derives from
the operation of ships or aircraft registered in that State is taxable only in
the State in which registered. Income derived by such an enterprise from
the operation of ships or aircraft not so registered shall be subject to the
provisions of Article II.
INCOME AND OTHER TAXES— MARCH 23, 1939 811
Article V
Income of whatever nature derived from real property, including gains
derived from the sale of such property, but not including interest from mort-
gages or bonds secured by real property, shall be taxable only in the con-
tracting State in which the real property is situated.
Article VI
Royalties from real property or in respect of the operation of mines, quar-
ries, or other natural resources shall be taxable only in the contracting State in
which such property, mines, quarries, or other natural resources are situated.
Other royalties and amounts derived from within one of the contracting
States by a resident or by a corporation or other entity of the other contracting
State as consideration for the right to use copyrights, patents, secret processes
and formulas, trade-marks and other analogous rights, shall be exempt from
taxation in the former State.
Article VII2
1 . Dividends shall be taxable only in the contracting State in which the
shareholder is resident or, if the shareholder is a corporation or other entity,
in the contracting State in which such corporation or other entity is created
or organized; provided, however, that each contracting State reserves the
right to collect and retain (subject to applicable provisions of its revenue
laws) the taxes which, under its revenue laws, are deductible at the source,
but not in excess of 10 per centum of the amount of such dividends. For
the purposes of this Article the National income and property tax imposed
by Sweden shall be deemed to be a tax deducted at the source.
2. Notwithstanding the provisions of Article XXII of this Convention,
the provisions of this Article may be terminated by either of the contracting
States at the end of two years from the date upon which this Convention
enters into force or at any time thereafter, provided at least six months'
prior notice of termination is given, such termination to become effective on
the first day of January following the expiration of such six-month period.
In the event the provisions of this Article are terminated, the provisions of —
( 1 ) Article XIII ( 2 ) , in so far as they relate to the special property tax
imposed by Sweden upon shares in a corporation ;
(2) Article XIV (b)(2), relating to the allowance of an additional
deduction from taxes on dividends; and
(3) Article XVI, in so far as they relate to exchange of information with
respect to dividends,
'For new provisions replacing art. VII, see convention of Oct. 22, 1963 (15 UST 1824;
TIAS5656).
812 SWEDEN
will likewise terminate.
Article VIII 3
Interest on bonds, notes, or loans shall be taxable only in the contracting
State in which the recipient of such interest is a resident or, in the case of
a corporation or other entity, in the State in which the corporation or other
entity is created or organized; provided, however, that each contracting
State reserves the right to collect and retain (subject to applicable provisions
of its revenue laws) the taxes which, under its revenue laws, are deductible
at the source.
Article IX
Gains derived in one of the contracting States from the sale or exchange
of capital assets by a resident or a corporation or other entity of the other
contracting State shall be exempt from taxation in the former State, pro-
vided such resident or corporation or other entity has no permanent estab-
lishment in the former State.
Article X
Wages, salaries and similar compensation and pensions paid by one of
the contracting States or by the political subdivisions or territories or posses-
sions thereof to individuals residing in the other State shall be exempt from
taxation in the latter State.
Private pensions and life annuities 4 derived from within one of the con-
tracting States and paid to individuals residing in the other contracting
State shall be exempt from taxation in the former State.
Article XI
(a) Compensation for labor or personal sendees, including the practice
of the liberal professions, shall be taxable only in the contracting State in
which such services are rendered.
(b) The provisions of paragraph (a) are, however, subject to the fol-
lowing exceptions:
A resident of Sweden shall be exempt from United States tax upon com-
pensation for labor or personal services performed within the United States
of America if he falls within either of the following classifications :
1 . He is temporarily present within the United States of America for a
period or periods not exceeding a total of one hundred eighty days during
the taxable year and his compensation is received for labor or personal
3 For new provisions replacing art. VIII, see convention of Oct. 22, 1963 (15 UST 1824;
TIAS5656).
'For an understanding relating to the term "life annuities," see protocol, p. 819.
INCOME AND OTHER TAXES— MARCH 23, 1939 813
services performed as an employee of, or under contract with, a resident
or corporation or other entity of Sweden ; or
2. He is temporarily present in the United States of America for a pe-
riod or periods not exceeding a total of ninety days during the taxable
year and the compensation received for such services does not exceed
$3,000.00 in the aggregate.
In such cases Sweden reserves the right to the taxation of such income.
(c) The provisions of paragraph (b) of this Article shall apply, mutatis
mutandis, to a resident of the United States of America deriving compen-
sation for personal services performed within Sweden.
(d) The provisions of paragraphs (b) and (c) of this Article shall have
no application to the professional earnings of such individuals as actors,
artists, musicians and professional athletes.
(e) The provisions of this Article shall have no application to the in-
come to which Article X relates.
Article XII5
Students or business apprentices from one contracting State residing in
the other contracting State exclusively for purposes of study or for acquiring
business experience shall not be taxable by the latter State in respect of
remittances received by them from within the former State for the purposes
of their maintenance or studies.
Article XIII
In the case of taxes on property or increment of property the following
provisions shall be applicable :
(1) If the property consists of:
(a) Immovable property and accessories appertaining thereto;
(b) Commercial or industrial enterprises, including maritime ship-
ping and air transport undertakings;
the tax may be levied only in that contracting State which is entitled under
the preceding Articles to tax the income from such property.
( 2 ) In the case of all other forms of property, the tax may be levied only
in that contracting State where the taxpayer has his residence or, in the
case of a corporation or other entity, in the contracting State where the
corporation or other entity has been created or organized.
The same principles shall apply to the United States capital stock tax with
respect to corporations of Sweden having capital or other property in the
United States of America.
8 For new provisions replacing art. XII, see convention of Oct. 22, 1963 (15 UST 1824;
TIAS 5656).
814 SWEDEN
Article XIV6
It is agreed that double taxation shall be avoided in the following manner:
(a) Notwithstanding any other provision of this Convention, the United
States of America in determining the income and excess-profits taxes, in-
cluding all surtaxes, of its citizens or residents or corporations, may include in
the basis upon which such taxes are imposed all items of income taxable
under the revenue laws of the United States of America as though this Con-
vention had not come into effect. The United States of America shall,
however, deduct the amount of the taxes specified in Article 1(b) (1) and
(3) of this Convention or other like taxes from the income tax thus computed
but not in excess of that portion of the income tax liability which the tax-
payer's net income taxable in Sweden bears to his entire net income.
(b) (1) Notwithstanding any other provision of this Convention, Swe-
den, in determining the graduated tax on income and property of its resi-
dents or corporations or other entities, may include in the basis upon which
such tax is imposed all items of income and property subject to such tax under
the taxation laws of Sweden. Sweden shall, however, deduct from the tax so
calculated that portion of such tax liability which the taxpayer's income and
property exempt from taxation in Sweden under the provisions of this Con-
vention bears to his entire income and property.
( 2 ) There shall also be allowed by Sweden from its National income
and property tax a deduction offsetting the tax deducted at the source in
the United States of America, amounting to not less than 5 per centum of
the dividends from within the United States of America and subject to such
tax in Sweden. It is agreed that the United States of America shall allow a
similar credit against the United States income tax liability of citizens of
Sweden residing in the United States of America.
Article XV
With a view to the more effective imposition of the taxes to which the
present Convention relates, each of the contracting States undertakes, subject
to reciprocity, to furnish such information in the matter of taxation, which
the authorities of the State concerned have at their disposal or are in a posi-
tion to obtain under their own law, as may be of use to the authorities of the
other State in the assessment of the taxes in question and to lend assistance in
the service of documents in connection therewith. Such information and cor-
respondence relating to the subject matter of this Article shall be exchanged
between the competent authorities of the contracting States in the ordinary
course or on demand.
"For understandings relating to art. XIV, see protocol, p. 819; for new provisions re-
placing art. XIV (b), see convention of Oct. 22, 1963 (15 UST 1824; TIAS 5656).
INCOME AND OTHER TAXES— MARCH 23, 1939 815
Article XVI
1. In accordance with the preceding Article, the competent authorities
of the United States of America shall forward to the competent authorities
of Sweden as soon as practicable after the close of each calendar year the
following information relating to such calendar year :
(a) The names and addresses of all addressees within Sweden deriving
from sources within the United States of America dividends, interest, royal-
ties, pensions, annuities, or other fixed or determinable annual or periodical
income, showing the amount of such income with respect to each addressee ;
(b) Any particulars which the competent United States authorities may
obtain from banks, savings banks or other similar institutions concerning
assets belonging to individuals resident in Sweden or to Swedish corporations
or other entities;
(c) Any particulars which the competent United States authorities may
obtain from inventories in the case of property passing on death concerning
debts contracted with individuals resident in Sweden or Swedish corpora-
tions or other entities.
2. The competent authorities of Sweden shall forward to the competent
authorities of the United States of America as soon as practicable after the
close of each calendar year the following information relating to such calen-
dar year :
(a) The particulars contained in the forms delivered to the Swedish
authorities in connection with the payment to individuals or corporations or
other entities whose addresses are within the United States of America of
dividends on shares in a corporation or participation certificates in coopera-
tive societies, and interest on bonds or other similar securities ;
(b) The particulars contained in permits accorded to individuals resi-
dent in the United States of America or to United States corporations or
other entities to enable them to acquire for business purposes immovable
property situated in Sweden ;
(c) Any particulars which the central Swedish authorities may obtain
from banks, savings banks or other similar institutions concerning assets be-
longing to individuals resident in the United States of America or to United
States corporations or other entities;
(d) Any particulars which the central Swedish authorities may obtain
from inventories in the case of property passing on death, concerning debts
contracted with individuals resident in the United States of America, or
United States corporations or other entities ;
( e ) A list of the names and addresses of all United States citizens resident
in the United States of America who have made declarations to the Central
Committee in Stockholm in charge of the taxation of taxpayers not resident
in Sweden for purposes of the Swedish tax on income and property;
308-OS2— 73 53
816 SWEDEN
(f ) Particulars concerning annuities and pensions, public or private, paid
to individuals resident in the United States of America.
Article XVII
Each contracting State undertakes, in the case of citizens or corporations
or other entities of the other contracting State, to lend assistance and support
in the collection of the taxes to which the present Convention relates, together
with interest, costs, and additions to the taxes and fines not being of a penal
character. The contracting State making such collection shall be respon-
sible to the other contracting State for the sums thus collected.
In the case of applications for enforcement of taxes, revenue claims of each
of the contracting States which have been finally determined shall be accepted
for enforcement by the other contracting State and collected in that State
in accordance with the laws applicable to the enforcement and collection of
its own taxes. The State to which application is made shall not be required to
enforce executory measures for which there is no provision in the law of the
State making the application.
The applications shall be accompanied by such documents as are required
by the laws of the State making the application to establish that the taxes
have been finally determined.7
If the revenue claim has not been finally determined the State to which
application is made may, at the request of the other contracting State, take
such measures of conservancy as are authorized by the revenue laws of the
former State.
Article XVIII
The competent authority of each of the contracting States shall be entitled
to obtain, through diplomatic channels, from the competent authority of the
other contracting State, particulars in concrete cases relative to the applica-
tion to citizens or to corporations or other entities of the former State, of the
taxes to which the present Convention relates. With respect to particulars in
other cases, the competent authority of each of the contracting States will
give consideration to requests from the competent authority of the other
contracting State.
Article XIX
In no case shall the provisions of Article XVII, relating to mutual assist-
ance in the collection of taxes, or of Article XVIII, relating to particulars in
concrete cases, be construed so as to impose upon either of the contracting
States the obligation
( 1 ) to carry out administrative measures at variance with the regulations
and practice of either contracting State, or
7 For an understanding regarding the term "finally determined," see protocol, p. 820.
INCOME AND OTHER TAXES— MARCH 23, 1939 817
( 2 ) to supply particulars which are not procurable under its own legisla-
tion or that of the State making application.
The State to which application is made for information or assistance shall
comply as soon as possible with the request addressed to it. Nevertheless, such
State may refuse to comply with the request for reasons of public policy or if
compliance would involve violation of a business, industrial or trade secret or
practice. In such case it shall inform, as soon as possible, the State making
the application.
Article XX
Where a taxpayer shows proof that the action of the revenue authorities of
the contracting States has resulted in double taxation in his case in respect of
any of the taxes to which the present Convention relates, he shall be entitled
to lodge a claim with the State of which he is a citizen or, if he is not a citizen
of either of the contracting States, with the State of which he is a resident, or,
if the taxpayer is a corporation or other entity, with the State in which it is
created or organized. Should the claim be upheld, the competent authority of
such State may come to an agreement with the competent authority of the
other State with a view to equitable avoidance of the double taxation in
question.
Article XXI
The competent authorities of the two contracting States may prescribe
regulations necessary to interpret and carry out the provisions of this Con-
vention. With respect to the provisions of this Convention relating to ex-
change of information, service of documents and mutual assistance in the
collection of taxes, such authorities may, by common agreement, prescribe
rules concerning matters of procedure, forms of application and replies
thereto, conversion of currency, disposition of amounts collected, minimum
amounts subject to collection and related matters.
Article XXII
The present Convention shall be ratified, in the case of the United States
of America, by the President, by and with the advice and consent of the
Senate, and in the case of Sweden, by His Majesty the King, with the consent
of the Riksdag. The ratifications shall be exchanged at Stockholm.
This Convention shall become effective on the first day of January follow-
ing the exchange of the instruments of ratification and shall apply to income
realized and property held on or after that date. The Convention shall
remain in force for a period of five years and indefinitely thereafter but may
be terminated by either contracting State at the end of the five-year period
or at any time thereafter, provided at least six months' prior notice of termi-
nation has been given, the termination to become effective on the first day
of January following the expiration of the six-month period.
818 SWEDEN
In witness whereof the respective Plenipotentiaries have signed this Con-
vention and have affixed their seals hereto.
Done in duplicate, in the English and Swedish languages, both authentic,
at Washington, this twenty-third day of March, nineteen hundred and
thirty-nine.
For the President of the United States of America:
Sumner Welles [seal]
For His Majesty the King of Sweden:
W. Bostrom [seal]
Protocol 8
At the moment of signing the Convention for the avoidance of double
taxation, and the establishment of rules of reciprocal administrative assistance
in the case of income and other taxes, this day concluded between the United
States of America and Sweden, the undersigned plenipotentiaries have agreed
that the following provisions shall form an integral part of the Convention :
1. As used in this Convention:
(a) The term "permanent establishment" includes branches, mines and
oil wells, plantations, factories, workshops, warehouses, offices, agencies,
installations, and other fixed places of business of an enterprise but does not
include the casual or temporary use of merely storage facilities. A permanent
establishment of a subsidiary corporation shall not be deemed to be a perma-
nent establishment of the parent corporation. When an enterprise of one of
the contracting States carries on business in the other State through an em-
ployee or agent, established there, who has general authority to contract for
his employer or principal, it shall be deemed to have a permanent establish-
ment in the latter State. But the fact that an enterprise of one of the con-
tracting States has business dealings in the other State through a bona fide
commission agent, broker or custodian shall not be held to mean that such
enterprise has a permanent establishment in the latter State.
(b) The term "enterprise" includes every form of undertaking whether
carried on by an individual, partnership, corporation, or any other entity.
(c) The term "enterprise of one of the contracting States" means, as the
case may be, "United States enterprise" or "Swedish enterprise".
(d) The term "United States enterprise" means an enterprise carried
on in the United States of America by a resident of the United States of
America or by a United States corporation or other entity; the term "United
States corporation or other entity" means a partnership, corporation or other
entity created or organized in the United States of America or under the law
* For new provisions replacing parts of paras. 1 and 6 and paras. 7 and 13, see conven-
tion of Oct. 22, 1963 (15 UST 1824; TIAS 5656).
INCOME AND OTHER TAXES— MARCH 23, 1939 819
of the United States of America or of any State or Territory of the United
States of America.
(e) The term "Swedish enterprise" is defined in the same manner,
mutatis mutandis, as the term "United States enterprise".
2. The term "corporation" includes associations, joint-stock companies,
and insurance companies.
3. A citizen of one of the contracting States not residing in either shall
be deemed, for the purpose of this Convention, to be a resident of the con-
tracting State of which he is a citizen.
When doubt arises with respect to residence or with respect to the taxable
status of corporations or other entities, the competent authorities of the two
contracting States may settie the question by mutual agreement.
4. The provisions of Swedish law concerning the taxation of the undivided
estates of deceased persons shall not apply where the beneficiaries are directly
liable to taxation in the United States of America.
5. The term "life annuities" referred to in Article X of this Convention
means a stated sum payable periodically at stated times during life, or
during a specified number of years, under an obligation to make the payments
in consideration of a gross sum paid for such obligation.
6. The Swedish so-called "fees tax" ( bevillningsavgif t for vissa offentliga
forestallningar) based on gross income in so far as it affects such individuals
as actors, artists, musicians and professional athletes shall be deemed to be an
income tax for the purposes of Article XIV (a).
The credit for taxes provided in Article XIV shall have no application to
taxes deducted at the source from dividends and interest except to the extent
provided in paragraph (b) (2) of that Article.
In the application of the provisions of this Convention the benefits of
section 131 of the United States Revenue Act of 1938, relating to credits for
foreign taxes, shall be accorded, but the credit provided for in Article XIV
(a) shall not extend to United States excess-profits taxes nor to the surtax
imposed on personal holding companies.
7. Citizens of each of the contracting States residing within the other
contracting State shall not be subjected in the latter State to other or higher
taxes than are imposed upon the citizens of such latter State.
8. The provisions of this Convention shall not be construed to deny
or affect in any manner the right of diplomatic and consular officers to
other or additional exemptions now enjoyed or which may hereafter be
granted to such officers, nor to deny to either of the contracting States the
right to subject to taxation its own diplomatic and consular officers.
9. The provisions of the present Convention shall not be construed to
restrict in any manner any exemption, deduction, credit or other allowance
accorded by the laws of one of the contracting States in the determination
of the tax imposed by such State.
820 SWEDEN
10. In the administration of the provisions of this Convention relating
to exchange of information, service of documents, and mutual assistance in
collection of taxes, fees and costs incurred in the ordinary course shall be
borne by the State to which application is made but extraordinary costs inci-
dent to special forms of procedure shall be borne by the applying State.
1 1 . Documents and other communications or information contained
therein, transmitted under the provisions of this Convention by one of the
contracting States to the other contracting State shall not be published,
revealed or disclosed to any person except to the extent permitted under the
laws of the latter State with respect to similar documents, communications
or information.
12. As used with respect to revenue claims in Article XVII of this Con-
vention the term "finally determined" shall be deemed to mean:
(a) In the case of Sweden, claims which have been finally established,
even though still open to revision by exceptional procedure;
(b) In the case of the United States of America, claims which are no
longer appealable, or which have been determined by decision of a compe-
tent tribunal, which decision has become final.
13. As used in this Convention the term "competent authority" or
"competent authorities" means, in the case of the United States of America,
the Secretary of the Treasury and in the case of Sweden, the Finance
Ministry.
14. The term "United States of America" as used in this Convention
in a geographical sense includes only the States, the Territories of Alaska
and Hawaii, and the District of Columbia.
15. Should any difficulty or doubt arise as to the interpretation or appli-
cation of the present Convention, or its relationship to Conventions between
one of the contracting States and any other State, the competent authori-
ties of the contracting States may settle the question by mutual agreement.
16. The present Convention and Protocol shall not be deemed to affect
the exchange of notes between the United States of America and Sweden
providing relief from double income taxation on shipping profits, signed
March 31, 1938.9
Done at Washington, this twenty-third day of March, nineteen hundred
and thirty-nine.
Sumner Welles [seal]
w. bostrom [seal]
EAS 121, ante, p. 806.
ADVANCEMENT OF PEACE
Exchange of notes at Stockholm June 30, 1939, supplementing treaty of
October 13, 1914
Entered into force June 30, 1939
53 Stat. 2428; Executive Agreement Series 154
The American Minister to the Minister of Foreign Affairs
Legation of
United States of America
no. 49 Stockholm, June 30, 1939
Excellency:
I have the honor to refer to our recent conversations concerning the pro-
visions of the last paragraph of Article 2 of the Treaty for the Advance-
ment of Peace, between the United States of America and His Majesty the
King of Sweden, signed at Washington, October 13, 1914 a and to inform
Your Excellency that my understanding of the agreement reached on behalf
of our respective Governments with reference to the compensation to be
paid to the Commissioners holding office under the terms of that Treaty
is as follows:
"A. The Commissioners shall be compensated only for the time spent in
the performance of the duties with which they are charged as a body under
the provisions of the Treaty, it being understood that compensation for each
Commissioner shall be paid on and from the day on which he leaves his
usual place of residence to assume his official duties.
"B. Each Commissioner shall be paid:
(1) A salary at the rate of $10,000 per annum.
(2) Actual travel expenses necessary to fulfillment of the duties of
the Commission, including travel to and from the place or places of meeting,
and
(3) A per diem of not exceeding $10.00 in lieu of actual subsistence.
"C. One half of the foregoing expenses shall be borne by the Govern-
ment of the United States of America and one half by Sweden."
1 TS 607, ante, p. 741.
821
822 SWEDEN
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest consideration.
F. A. Sterling
His Excellency
Rickard Sandler
Royal Minister for Foreign Affairs
Stockholm
The Minister of Foreign Affairs to the American Minister
[TRANSLATION]
MINISTRY OF
FOREIGN AFFAIRS
Stockholm, June 30, 1939
Mr. Minister,
By a letter under today's date you have been good enough to propose
with respect to the remuneration for the commissioners designated under
the provisions of the Treaty for the Settlement of Disputes, concluded at
Washington on October 13, 1914, the following arrangement:
A. The commissioners shall only be compensated for the time spent in
the performance of the duties with which the Commission is charged under
the terms of the provisions of the treaty, it being understood that each com-
missioner will be paid from the day on which he leaves his usual place of
residence to assume his official duties.
B. Each commissioner shall be paid :
( 1 ) A salary set at the rate of $10,000 a year;
(2) The actual expenses of travel necessitated by the fulfillment of
the duties of the Commission, including the expenses of travel to and from
the place or places of meeting; and
(3 ) A daily allowance not exceeding $10.00 in lieu of actual subsistence.
C. The Swedish Government and the Government of the United States
shall each bear half of the expenses mentioned above.
In reply to this note I have the honor to inform you that the Swedish
Government accepts the arrangement proposed in your letter mentioned
above.
Please accept, Mr. Minister, the assurances of my high consideration.
For the Minister,
The Director of Political Affairs:
Staffan Soderblom
Mr. Frederick A. Sterling
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America
etc. etc. etc.
VISA FEES
Exchange of notes at Washington September 4 and 11, 1939, and related
note dated October 5, 1939, modifying agreement of June 29 and
30, 1925 1
Operative September 5 and October 1, 1939
Made obsolete June 1, 1947, by agreement of April 10 and 30, 1947 2
54 Stat. 2489; Executive Agreement Series 198
The Swedish Charge d'Affaires ad interim to the Secretary of State
LEGATION OF SWEDEN
WASHINGTON, D.C.
The Swedish Charge d' Affaires ad interim presents his compliments
to the Honourable the Secretary of State and, acting upon instructions,
has the honour to inform Him that the Swedish Government has decided
to require for entrance into Sweden, beginning on September 5th, a regular
visa on passports issued to American citizens. A visa fee of Kronor 4 will
be levied on passports for which no visa has hitherto been required.
The Swedish Charge d'Affaires will return to this matter as soon as detailed
instructions have been received.
Washington, D.C, September 4, 1939.
The Secretary of State to the Swedish Charge d'Affaires ad interim
The Secretary of State presents his compliments to the Charge
d'Affaires ad interim of Sweden and refers to the Legation's note of Septem-
ber 4, 1939 stating that the Swedish Government has decided to require,
for entrance into Sweden, beginning September 5, 1939, a regular visa
on passports issued to American citizens for which a fee of Kronor 4 will
be charged.
Appropriate note has been taken of this decision on the part of the Swedish
Government and American diplomatic and consular officers have been in-
structed to collect, beginning September 5, 1939, a corresponding fee of
1 Ante, p. 757.
3TIAS 1798, port, p. 834.
308-582—73 54
823
824 SWEDEN
$1.25 for the issuance of passport visas to non-immigrant Swedish subjects,
with the exception of Government officials, temporarily visiting the United
States.
Department of State
Washington, September 11, 1939
The Swedish Minister to the Secretary of State
[TRANSLATION]
LEGATION OF SWEDEN
WASHINGTON, D.C.
According to the terms of article 59 of the decree of November 26,
1937, in which are set forth the regulations relative to the law of June
11, 1937 on the stay of foreigners in Sweden, the diplomatic agents and
the consular agents of career of foreign powers in Sweden, as well as their
families and their servants, must be provided with passports of their countries
or other identification papers which are accepted in their stead. In the cases
for which provision is made by the Minister of Foreign Affairs, the passports
or other identification papers must bear a visa.
With reference to the note verbale of the Legation of September 4, 1939,
the Minister of Sweden has the honor to advise The Honorable, the Secretary
of State of the United States that His Majesty's Minister of Foreign Affairs,
because of the existing situation, has been obliged to extend to the persons
of the categories referred to above in the first paragraph the visa requirement,
excepting, however, Danish, Finnish, Icelandic, and Norwegian nationals.
Passport inspectors have therefore been ordered to make sure, starting Octo-
ber 1, 1939, that passports or other identification papers of the said persons
bear a visa.
The Minister of Sweden wishes to add that entry visas and nonimmigrant
visas to be delivered to diplomatic agents and to consular agents of career,
to the members of their families and to their servants shall, subject to
reciprocity, be worded so as to permit the interested parties to make an
unlimited number of journeys into Sweden and that they shall be delivered
free of charge.
Washington, October 5, 1939
AIR TRANSPORT SERVICES
Exchange of notes at Washington December 16, 1944, with text of
agreement supplementing agreement of September 8 and 9, 1933
Entered into force January 1, 1945
Amended by agreements of December 4, 1945; 1 August 6, 1954; 2 July
8, 1958,3 and June 7, 1966 4
58 Stat. 1466 ; Executive Agreement Series 431
The Secretary of State to the Swedish Minister
Department of State
Washington*
December 16, 1944
Sir:
I have the honor to refer to negotiations which have recently taken place
at the International Civil Aviation Conference in Chicago between the
Swedish delegation headed by the Honorable Ragnar Kumlin and repre-
sentatives of the Government of the United States of America, for the conclu-
sion of a reciprocal air transport agreement.
It is my understanding that these negotiations, now terminated, have
resulted in the following agreement :
Agreement Between the United States of America and Sweden
Relating to Air Transport Services
The Governments of the United States of America and Sweden signed
on September 8 and 9, 1933,5 an air navigation arrangement relating to
the operation of civil aircraft of the one country in the territory of the other
country, in which each party agreed that consent for the operations over its
territory by air transport companies of the other party might not be refused
on unreasonable or arbitrary grounds. Pursuant to the aforementioned ar-
rangement of 1933, the two Governments hereby conclude the following
"TIAS 1550,po^,p. 830.
a5UST1411;TIAS3013.
89UST1012;TIAS4073.
- 17UST743;TIAS6026.
6 EAS 47, ante, p. 780.
825
826 SWEDEN
supplementary arrangement covering the operation of scheduled airline
services :
Article 1
The contracting parties grant the rights specified in the Annex hereto
necessary for establishing the international civil air routes and services therein
described, whether such services be inaugurated immediately or at a later date
at the option of the contracting party to whom the rights are granted.
Article 2
(a) Each of the air services so described shall be placed in operation as
soon as the contracting party to whom the rights have been granted by Article
1 to designate an airline or airlines for the route concerned has authorized
an airline for such route, and the contracting party granting the rights shall,
subject to Article 6 hereof, be bound to give the appropriate operating per-
mission to the airline or airlines concerned; provided that the airline so
designated may be required to qualify before the competent aeronautical
authorities of the contracting party granting the rights under the laws and
regulations normally applied by these authorities before being permitted to
engage in the operations contemplated by this agreement; and provided
that in areas of hostilities or of military occupation, or in areas affected
thereby, such inauguration shall be subject to the approval of the competent
military authorities.
(b) It is understood that either contracting party granted commercial
rights under this agreement should exercise them at the earliest practicable
date except in the case of temporary inability to do so.
Article 3
In order to prevent discriminatory practices and to assure equality of
treatment, both contracting parties agree that:
(a) Each of the contracting parties may impose or permit to be imposed
just and reasonable charges for the use of public airports and other facilities
under its control. Each of the contracting parties agrees, however, that
these charges shall not be higher than would be paid for the use of such
airports and facilities by its national aircraft engaged in similar international
services.
(b) Fuel, lubricating oils and spare parts introduced into the territory
of one contracting party by the other contracting party or its nationals, and
intended solely for use by aircraft of such other contracting party shall be
accorded national and most-favored-nation treatment with respect to the
imposition of customs duties, inspection fees or other national duties or
charges by the contracting party whose territory is entered.
AIR TRANSPORT SERVICES— DECEMBER 16, 1944 827
(c) The fuel, lubricating oils, spare parts, regular equipment and aircraft
stores retained on board civil aircraft of the airlines of one contracting party
authorized to operate the routes and services described in the Annex shall,
upon arriving in or leaving the territory of the other contracting party, be
exempt from customs, inspection fees or similar duties or charges, even
though such supplies be used or consumed by such aircraft on flights in that
territory.
Article 4
Certificates of airworthiness, certificates of competency and licenses is-
sued or rendered valid by one contracting party shall be recognized as valid
by the other contracting party for the purpose of operating the routes and
services described in the Annex. Each contracting party reserves the right,
however, to refuse to recognize, for the purpose of flight above its own terri-
tory, certificates of competency and licenses granted to its own nationals by
another State.
Article 5
(a) The laws and regulations of one contracting party relating to the
admission to or departure from its territory of aircraft engaged in interna-
tional air navigation, or to the operation and navigation of such aircraft
while within its territory, shall be applied to the aircraft of the other contract-
ing party without distinction as to nationality, and shall be complied with by
such aircraft upon entering or departing from or while within the territory
of the first party.
(b) The laws and regulations of one contracting party as to the admis-
sion to or departure from its territory of passengers, crew, or cargo of aircraft,
such as regulations relating to entry, clearance, immigration, passports, cus-
toms, and quarantine shall be complied with by or on behalf of such passen-
gers, crew or cargo of the other contracting party upon entrance into or
departure from, or while within the territory of the first party.
Article 6
Each contracting party reserves the right to withhold or revoke a certifi-
cate or permit to an airline of the other party in any case where it is not
satisfied that substantial ownership and effective control are vested in na-
tionals of a party to this agreement, or in case of failure of an airline to comply
with the laws of the State over which it operates as described in Article 5
hereof, or to perform its obligations under this agreement.
Article 7
This agreement and all contracts connected therewith shall be registered
with the Provisional International Civil Aviation Organization.
828 SWEDEN
Article 8
Either contracting party may terminate the rights for services granted by
it under this agreement by giving one year's notice to the other contracting
party.
Article 9
Except as may be modified by the present agreement, the general princi-
ples of the aforementioned air navigation arrangement of 1933 as applicable
to scheduled air transport services shall continue in force until otherwise
agreed upon by the two contracting parties.
Article 1 0 6
In the event either of the contracting parties considers it desirable to modify
the routes or conditions set forth in the attached Annex, it may request consul-
tation between the competent authorities of both contracting parties, such con-
sultation to begin within a period of sixty days from the date of the request.
When these authorities mutually agree on new or revised conditions affecting
the Annex, their recommendations on the matter will come into effect after
they have been confirmed by an exchange of diplomatic notes.
Annex to Air Transport Agreement between the United States
of America and Sweden '
A. Airlines of the United States authorized under the present agreement
are accorded rights of transit and non-traffic stop in Swedish territory, as
as well as the right to pick up and discharge international traffic in passengers,
cargo and mail at Stockholm, on the following route :
New York or Chicago, via intermediate points, to Stockholm; in
both directions.
B. Airlines of Sweden authorized under the present agreement are accorded
rights of transit and non-traffic stop in the territory of the United States,
as well as the right to pick up and discharge international traffic in passen-
gers, cargo and mail at New York or Chicago, on the following route :
Stockholm, via intermediate points, to New York or Chicago, in
both directions.
You will, of course, understand that this agreement may be affected by
subsequent legislation enacted by the Congress of the United States.
" For amendments adding new articles and deleting art. 10, see agreement of Aug. 6,
1954 (5 UST 141 1;TIAS 3013).
7 For an amendment to annex, see agreement of Dec. 4, 1945 (TIAS 1550), post, p. 830;
for amendments replacing annex, see agreements of July 8, 1958 (9 UST 1012; TIAS
4073), and June 7, 1966 (17 UST 743; TIAS 6026).
AIR TRANSPORT SERVICES— DECEMBER 16, 1944 829
I shall be glad to have you inform me whether it is the understanding of
your Government that the terms of the agreement resulting from the negotia-
tions are as above set forth. If so, it is suggested that January 1 , 1 945 become
the effective date. If your Government concurs in this suggestion the Gov-
ernment of the United States will regard it as becoming effective at such time.
Accept, Sir, the renewed assurances of my highest consideration.
For the Secretary of State :
Stokeley W. Morgan
The Honorable
W. Bostrom
Minister of Sweden
LEGATION OF SWEDEN
WASHINGTON, D.C.
The Swedish Minister to the Secretary of State
December 16, 1944
Sir:
I have the honor to acknowledge the receipt of your note of December 16,
1 944 in which you communicated to me the terms of a reciprocal air trans-
port agreement between Sweden and the United States of America, as
understood by you to have been agreed to in negotiations, now terminated,
between the Delegations of the Royal Swedish Government and the Govern-
ment of the United States at the International Civil Aviation Conference
in Chicago.
The terms of this agreement which you have communicated to me are
as follows :
[For terms of agreement, see U.S. note, above.]
I am instructed to state that the terms of the agreement as communicated
to me are agreed to by my Government. Furthermore, I am pleased to add
that your suggestion that the agreement become effective on January 1,
1 945, is acceptable to my Government.
I avail myself of the occasion to renew to you, Sir, the assurances of my
highest consideration.
W. Bostrom
The Honorable
Edward R. Stettinius, Jr.
Secretary of State
AIR TRANSPORT SERVICES
Exchange of notes at Stockholm December 4, 1945, amending agree-
ment of December 16, 1944
Entered into force December 4, 1945
Superseded by agreement of July 8, 1958 1
60 Stat. 1859; Treaties and Other
International Acts Series 1550
The American Legation to the Ministry for Foreign Affairs
Legation of the
No 868 United States of America
The Legation of the United States of America presents its compliments
to the Royal Ministry of Foreign Affairs and, with reference to the latter's
note of September 27, 1945 regarding certain changes in paragraphs A and
B of the Annex to the Air Transport Agreement 2 between Sweden and the
United States, has the honor to inform the Royal Ministry that the Govern-
ment of the United States agrees to the modifications proposed therein.
Accordingly, paragraph A of the Annex would read "United States, via
intermediate points, to Stockholm and points beyond: in both directions",
and paragraph B would read "Sweden via intermediate points to New York
or Chicago and points beyond; in both directions".
It would also be necessary to change the phrase immediately preceding
the route descriptions in paragraphs A and B to: "To the following route
or routes".
If agreeable to the Royal Ministry, the Government of the United States
suggests that the date on which these changes become effective be the date
of this note.
Stockholm, December 4, 1945
C. M. R.
19UST1012;TIAS4073.
* Agreement of Dec. 1 6, 1 944 ( E AS 43 1 , ante, p. 825 ) .
830
AIR TRANSPORT SERVICES— DECEMBER 4, 1945 831
The Ministry for Foreign Affairs to the American Legation
[translation]
MINISTRY OF
FOREIGN AFFAIRS
By a note of December 4, 1945, No. 868, the Legation of the United
States was good enough to inform the Royal Ministry of Foreign Affairs
that the Government of the United States accepts, for its part, the proposed
amendments to paragraphs A and B of the Annex to the Air Agreement of
December 16, 1944, between Sweden and the United States, and proposes
that these amendments enter into force on the date of the above-mentioned
note.
Referring to the foregoing, the Royal Ministry hastens to inform the
Legation that the King's Government, for its part, agrees to the above-
mentioned proposal and that, as a result, the aforesaid amendments shall
enter into force on the date of the present note.
The text of paragraphs A and B of the Annex will thus read as follows :
"A. Airlines of the United States authorized under the present agree-
ment are accorded rights of transit and non-traffic stop in Swedish territory,
as well as the right to pick up and discharge international traffic in passengers,
cargo and mail at Stockholm, on the following route or routes :
United States, via intermediate points, to Stockholm and points beyond;
in both directions.
B. Airlines of Sweden authorized under the present agreement are ac-
corded rights of transit and non-traffic stop in the territory of the United
States, as well as the right to pick up and discharge international traffic
in passengers, cargo and mail at New York or Chicago, on the following
route or routes :
Sweden, via intermediate points, to New York or Chicago and points
beyond; in both directions."
Stockholm, December 4, 1945
[seal]
Legation of the United States of America
AIR SERVICE FACILITIES
Agreement signed at Stockholm September 30, 1946
Entered into force September 30, 1946
61 Stat. 3893; Treaties and Other
International Acts Series 1742
mintstere des
affaires etrangeres
Service Agreement
The Swedish Government agrees :
1 ) to operate and maintain all facilities continuously in a manner ade-
quate for the air traffic operating into and away from the airdrome at which
the facilities are located and along the recognized international air routes
converging on that airdrome and in order to insure this standard of service,
the Swedish Government agrees to abide by approved Provisional Interna-
tional Civil Aviation Organization (PICAO)1 standards of operation unless
and until changed by other international agreement to which the United
States and Sweden are parties;
2 ) to provide the full service of all facilities to all aircraft on a non-dis-
criminatory basis with charges, if any, only for non-operational messages un-
til an international agreement on charges has been promulgated by the
PICAO;
3) to transmit weather reports according to PICAO standards to such
stations as are required to insure an integrated meteorological network for the
international air routes unless and until changed by international agreement
to which the United States and Sweden are a party covering all meteorologi-
cal requirements;
4) to continue the operation of all types of facilities in their original
location until new facilities are installed in accordance with standards pro-
mulgated by the PICAO, or until it is determined by the Swedish Govern-
ment and the United States Government that there is no longer a need for
the original facilities, it being understood that the aeronautical communica-
tion service facilities will be devoted exclusively to that service and will not
be diverted to the general communication service ;
1 EAS 469, ante, vol. 3, p. 929.
832
AIR SERVICE FACILITIES— SEPTEMBER 30, 1946 833
5) to provide English-speaking operators at air to ground and control
tower communication positions until regulations covering such voice trans-
missions are promulgated by the PICAO ;
6 ) to select radio frequencies for air to ground and control tower opera-
tions only in accordance with PICAO standards and recommendations after
coordination with the using United States carriers and with adjacent sta-
tions on the recognized international air routes converging on the airdrome
in order to minimize (a) radio interference and (b) the number [of] fre-
quencies to be operated by aircraft;
7 ) to authorize and facilitate day-to-day adjustments in air communica-
tion service matters by direct communication between the operating agency
of Sweden and the service agency of the United States Government, United
States air carriers, or a communication company representing one or more
of them;
8 ) the agency prescribed by the Swedish Government will operate these
communication facilities according to PICAO regulations and recommenda-
tions and in a manner which will assure the safety and efficiency of United
States airline operations. If it is deemed necessary, the agency designated by
the Swedish Government will, furthermore, request the United States air car-
riers, or the Civil Aeronautics Administration to designate a technical adviser
to advise and assist it in the operation of these facilities.
Done at Stockholm, in duplicate, in the English language, this 30th day of
September, 1946.
Sven Graf strom
Sven Grafstrom, Chief of the Political
Department of the Royal Swedish
Ministry for Foreign Affairs, on behalf
of the Royal Swedish Government.
L. Randolph Higgs
L. Randolph Higgs, Charge d' Affaires
ad interim of the American Legation,
on behalf of the Government of the
United States of America.
WAIVER OF VISAS AND VISA FEES
FOR NONIMMIGRANTS
Exchange of notes at Washington April 10 and 30, 1947
Entered into force April 30, 1947 ; operative for Sweden May 1, 1947,
for the United States June 1, 1947
61 Stat. 4050; Treaties and Other
International Acts Series 1798
The Swedish Minister to the Acting Secretary of State
LEGATION OF SWEDEN
WASHINGTON, D.C.
No. 140
The Minister of Sweden presents his compliments to the Honourable
the Acting Secretary of State and, with reference to informal discussions
between officials of the Visa Division of the Department of State and the
Swedish Legation, has the honour to bring to the Acting Secretary's knowl-
edge that the Swedish Government is prepared to abolish visa requirements,
but not passport requirements, for American citizens traveling in Sweden.
However, existing Swedish regulations which require special permission to
stay in Sweden longer than three months or to take employment in Sweden
will remain in force unchanged. At present the fee for such permits varies
from 4 to 12 Swedish crowns, depending upon the period of validity of the
permit.
The necessary steps for abolishing the visa requirements for American
citizens visiting Sweden will be taken forthwith by the Swedish Government
provided the United States Government is willing to waive, in respect of
Swedish citizens, the fees for non-immigrant visas and applications therefor,
and to extend to twenty-four months the validity of visas granted to Swedish
citizens who may be considered habitual visitors to the United States for
bona-fide business purposes.
The Minister would appreciate to be informed of the attitude of the
American Government in this matter.
Washington, D.C., April 10, 1947.
834
VISAS— APRIL 10 AND 30, 1947 835
The Acting Secretary of State to the Swedish Minister
The Acting Secretary of State presents his compliments to the Honorable
the Minister of Sweden and has the honor to refer to the Legation's Note
No. 140 of April 10, 1947, in which it is stated that the Swedish Government
is prepared to abolish visa requirements, but not passport requirements, for
American citizens traveling to Sweden, although the Swedish regulations
requiring the payment of fees for residence permits will remain in effect.
A reciprocal arrangement, effective July 4 [5], 1925,1 was concluded be-
tween the Government of the United States and the Government of Sweden
whereby the fees for nonimmigrant passport visas and applications therefor
were waived for American citizens proceeding to Sweden, and for Swedish
citizens or subjects proceeding to the United States. At the request of the
Government of Sweden this arrangement was amended, effective Septem-
ber 5 [and October 1], 1939,2 whereby there was established a fee of Kroner 4
for visaing the passport of an American citizen and a fee of $ 1 .25 for grant-
ing a non-immigrant passport visa to a Swedish citizen or subject.
The Government of the United States understands from the Swedish Lega-
tion's Note No. 140 that visa requirements, but not passport requirements,
will be waived for American citizens proceeding to Sweden or Swedish ter-
ritory and that such citizens who desire to remain in Sweden or Swedish
territory for a period of time longer than three months, or to take employ-
ment therein, except in the cases of officials of the United States Government,
their families, servants, and employees, will be required to obtain a permit,
the fee for which will be 4 crowns for a stay of one month, 6 crowns for
three months, and 12 crowns for more than three months; these periods
of time being in addition to the original period of three months for which
no visa or residence fee will be required. It is further understood that any
number of entries may be made into Sweden or Swedish territory without a
visa provided the total time spent in Sweden or Swedish territory does not
exceed three months in any nine months period, but that this time limit
does not apply to crew members of commercial aircraft who enter Sweden
or Swedish territory and whose names appear on the aircraft's manifest
on which they arrive provided they leave Sweden or Swedish territory within
a reasonable time.
In view of the understanding outlined herein the Government of the
United States will waive the passport visa fees, effective on and after June 1 ,
1947, for citizens or subjects of Sweden who are bona fide nonimmigrants
within the meaning of the immigration laws of the United States. A non-
immigrant passport visa granted by an American diplomatic or consular
officer is valid for any number of applications for admission into the United
States or United States territory during a period of twelve months from date
1 Exchange of notes at Stockholm June 29 and 30, 1925 {ante, p. 757).
aEAS 198, ante, p. 823.
836 SWEDEN
of issuance, provided the passport of the bearer is valid for that period. The
Government of the United States proposes that passport visas may be granted
to nonimmigrants for an initial period of two years on and after June 1, 1947.
The period of validity of the visa relates only to the period within which it
may be used in connection with an application for admission at a port of entry
and not to the length of stay in the United States which may be permitted
the bearer if he is admitted. The period of stay is a matter within the dis-
cretion of the immigration authorities.
The fee for an immigration visa to permit an alien to apply for admission
into the United States with the privilege of residing permanently in this
country is $10.00. The amount of this fee is prescribed by the Immigration
Act of 1924,3 and it may not be changed on the basis of a reciprocal
arrangement.
G. J. H.
Department of State
Washington, April 30, 1947
The Swedish Charge d'Affaires ad interim to the Secretary of State
LEGATION OF SWEDEN
WASHINGTON, D.C.
No. 167
The Charge d'Affaires a. i. of Sweden presents his compliments to the
Honourable the Secretary of State and, with reference to the Department of
State's note, dated today, has the honour to inform the Secretary that the
Swedish Government, as of May 1, 1947, will abolish visa requirements, but
not passport requirements, for American citizens traveling to Sweden. Exist-
ing Swedish regulations which require special permission to stay in Sweden
longer than three months or to take employment there remain in force
unchanged.
The Charge d'Affaires has taken notice of the contents of the above-
mentioned note of the Department of State i.a. stating that the Government
of the United States will waive the passport visa fees, effective on and after
June 1, 1947, for citizens or subjects of Sweden who are bona-fide non-
immigrants within the meaning of the Immigration Laws of the United
States, and that the Government of the United States proposes that passport
visas may be granted to non-immigrants for an initial period of two years on
and after June 1, 1947, which measures will be much appreciated by the
Swedish Government.
Washington, D.C, April 30, 1947
8 43 Stat. 153.
RECIPROCAL TRADE: QUANTITATIVE
IMPORT RESTRICTIONS
Exchange of aide memoire and supplementary exchange of letters at
Washington June 24, 1947, modifying agreement of May 25, 1935
Entered into force June 24, 1947; operative July 1, 1947
Modified by agreements of February 11, 1948; 1 June 12, 1948; 2 and
June 27, 1949 3
Terminated April 30, 1950 4
61 Stat. 3745; Treaties and Other
International Acts Series 1711
The Swedish Legation to the Department of State
legation of sweden
washington, d.c.
Aide-Memoire
The Government of Sweden wishes to refer to the discussions which have
recently taken place between its representatives and representatives of the
Government of the United States of America, concerning the problems, in
relation to the Commercial Agreement between the United States of America
and Sweden of May 25, 1935,6 which have arisen as a result of the imposition
of quantitative import restrictions by the Swedish Government on March 15,
1947.
1 . During the course of these discussions the Swedish representatives have
presented extensive information setting forth the serious reduction in Swe-
den's reserves of gold and foreign exchange, and the resulting necessity of
imposing measures of control for the purpose of correcting this situation.
2. With respect to goods en route or on order at the time of the imposi-
tion of quantitative import restrictions on March 15, 1947, the Government
of Sweden, after consultation with the United States Government, has an-
nounced that licenses will be granted for the import of all commodities which
were placed under import restrictions on that date, provided that the Swedish
importer when applying for an import license establishes the following facts:
'TIAS 1712, post, p. 846.
*TIAS 1800, post, p. 850.
"TIAS 1953, post, p. 866.
* Date on which Sweden became a contracting party to the General Agreement on Tariffs
and Trade (TIAS 1700, ante, vol. 4, p. 639).
6 EAS 79, ante, p. 799.
837
838 SWEDEN
a. that a bona fide contract contemplating delivery prior to October 1 ,
1947 had been entered into, on or before March 15, 1947, and
b. that the delivery in Sweden of the goods mentioned in the contract
will be effected before October 1, 1947.
3. The Government of Sweden brings to the notice of the United States
Government the statement of its support of the principle of unrestricted,
multilateral trade on the basis of free competition and of those policies which
have for their purpose the encouragement of this principle, recently made
in the official communique of May 12, 1947, regarding discussions between
the Ministers of Foreign Affairs and other representatives of the Governments
of Denmark, Norway and Sweden. The Swedish Government has officially
announced its desire that the quantitative restrictions upon imports, imposed
by it on March 15, 1947, shall be of as short duration as possible. The
Swedish Government also brings to the notice of the United States Govern-
ment the Government Bill of May 30, 1947, in which it indicated its desire,
due consideration being given to existing trade agreements, to see an expan-
sion of the volume and a development of the direction of Swedish exports
serving to redress Sweden's international balance of payments at the earliest
possible date. The Swedish Government has not at present any undertaking,
and does not propose to enter into undertakings, that specific commodities
will be delivered to specific countries unless such a policy should form part
of a fair allocation among all importing countries of essential commodities
in short supply.
4. During the period while the quantitative import restrictions remain
in force, the Government of Sweden, which has taken note of the fact that
the Government of the United States of America does not in relation to
Sweden restrict the free disposition of dollar earnings or assets, except as
provided for in the exchange of letters of March 18 and 25, 1947 6 establish-
ing the procedure for unblocking of Swedish assets in the United States, will
continue to authorize all current payments, including payments for imports
and the transfer of earnings and remittances, and will limit such control of
foreign exchange as it may become necessary to maintain to the control of
international capital movements.7
5. During the period while the quantitative restrictions upon imports
remain in force the Government of Sweden when administering the controls
will observe the following principles :
a. Commodities will be licensed without regard to the country of
origin, except as stated below.
b. In those instances where, during the period covered by the present
arrangements, the above licensing principle would exert a restrictive in-
* Not printed.
7 See also exchange of letters, p. 840. For a modification of para. 4, see agreement of
Feb. 11, 1948 (TIAS 1712), post, p. 846.
RECIPROCAL TRADE— JUNE 24, 1947 839
fluence on the overall volume of international trade by reducing imports
from areas experiencing a serious shortage of gold and/or convertible
currencies in a way which would not improve Sweden's multilateral pay-
ments possibilities, Sweden in granting import licenses may take into
consideration the special payments possibilities which may exist between
Sweden and the country of origin.
c. Licenses will, unless otherwise agreed, be granted permitting the
importation of commodities from the United States listed in Schedule 1 8
of the Commercial Agreement between the United States of America and
Sweden of 1935, and not on the unrestricted list, to an amount, for the
period from January 1, 1947 to June 30, 1948, equivalent to not less
than 150% of the volume of like imports from the United States during
1946.
d. No commodity or class of commodities imported from the United
States during the operation of the Commercial Agreement between the
United States of America and Sweden of 1935 shall be entirely excluded.
e. No commodity now on the unrestricted list and imported from the
United States during the operation of the Commercial Agreement between
the United States of America and Sweden of 1935 shall be removed from
that list without equitable transitional arrangements having been provided.
6. The Government of Sweden will place in operation as of July 1, 1947
the system of administering the import controls envisaged in this aide-
memoire.
7. The Government of Sweden recognizes that the Commercial Agree-
ment between the United States of America and Sweden of 1935 remains
in full force and effect, save for those temporary modifications in its operation
provided for in this exchange of memoranda.
8. If unforeseen developments require a temporary modification in the
terms of the understanding embodied in this exchange of memoranda, and
in any event before the expiration of this understanding on June 30, 1948,
the Government of Sweden agrees to review the situation with the Govern-
ment of the United States of America for the purpose of considering such
action as the circumstances may demand.
Washington, D.C., June 24, 1947
H. E.
The Department of State to the Swedish Legation
Aide-Memoire
The Government of the United States of America refers to the aide-
memoire of the Government of Sweden, dated June 24, 1947, concerning
1 For schedules, see 49 Stat. 3768 or p. 14 of EAS 79.
840 SWEDEN
the problems, in relation to the Commercial Agreement between the United
States of America and Sweden of May 25, 1935, which have arisen as a
result of the imposition of quantitative import restrictions by the Swedish
Government on March 15, 1947. The Government of the United States
of America:
1 . Takes note of the extensive information presented by the representa-
tives of the Swedish Government with respect to the serious reduction in
Sweden's reserves of gold and convertible exchange indicating the necessity
of imposing measures to correct this situation;
2. Acknowledges the declaration made by the Government of Sweden
of its adherence to the principle of unrestricted, multilateral trade on the
basis of free competition, and takes note of the desire of the Swedish Gov-
ernment that the quantitative restrictions upon imports imposed by it on
March 15, 1947 shall be of as short duration as possible;
3. Takes note of the statements of the Government of Sweden with
respect to the administration of the quantitative import restrictions;
4. Agrees for the duration of the present arrangement not to invoke the
provisions of Articles II and VII of the Commercial Agreement between
the United States of America and Sweden of 1935, in respect of the measures
taken or to be taken by the Government of Sweden as set forth in its aide-
memoire;
5. Recognizes that the Commercial Agreement between the United
States of America and Sweden of 1 935 remains in full force and effect, save
for those temporary modifications in its operation provided for in this
exchange of memoranda;
6. Agrees to review the situation with the Government of Sweden prior
to July 1, 1948 for the purpose of considering such action as the circum-
stances may demand.
Department of State
Washington, June 24, 1947
The Swedish Minister to the Assistant Secretary of State for Economic
Affairs
LEGATION OF SWEDEN
washington, d.c.
June 24, 1947
My dear Mr. Secretary:
In connection with the discussions which have recently taken place between
representatives of the Government of Sweden and of the Government of the
United States concerning the problems arising as a result of the imposition
of quantitative import restrictions by the Swedish Government on March 15,
RECIPROCAL TRADE— JUNE 24, 1947 841
1947, the Government of Sweden transmitted a memorandum to the Gov-
ernment of the United States on June 24, 1947, which stated in part:
"The Government of Sweden . . . will continue to authorize all current
payments, including payments for imports and the transfer of earnings and
remittances and will limit such control of foreign exchange as it may become
necessary to maintain to the control of international capital movements."
In applying the principles set forth in this memorandum the Swedish Gov-
ernment agrees to make the registration and control of foreign exchange
and the restriction of capital movements subject to the following conditions :
a. The Swedish Government will not impose restrictions on current trans-
actions additional to those now in use and thus will continue to authorize
current payments of a customary nature from Sweden to the United States
(payment of profits, dividends, interest, royalties, payments for commercial
purposes and other payments relating to current business provided that the
underlying transactions, wherever necessary, have been duly authorized
(including balances accrued from the same sources in the past)). With
regard to balances accumulated from the same sources in the past, transfer
will be authorized unless the funds in question have been voluntarily invested
in Sweden. The appropriate agencies of the Swedish Government, moreover,
will examine carefully with due regard to the Swedish exchange position
requests for transfers of capital from Sweden to the United States when
transfers of that type might serve a useful commercial and economic purpose,
and where transfers of small amounts are of substantial importance to the
interested parties. They will examine in the same spirit requests for transfers
of funds to the United States filed by American nationals residing in Sweden.
b. The Swedish Government or the appropriate agencies thereof will
likewise continue to authorize persons residing in Sweden who without hav-
ing violated Swedish law owe bona fide dollar obligations to any governmental
agency, individual or firm in the United States, to discharge such obligations
when they are due, and if necessary, it will authorize such persons to pur-
chase dollars for that purpose.
If unforeseen circumstances require temporary modification of the prin-
ciples set forth above, the Government of Sweden, in accordance with the
provisions of its memorandum of June 24, 1947, will review the situation
with the Government of the United States.
Sincerely,
Herman Eriksson
Mr. Willard L. Thorp
Assistant Secretary for Economic Affairs
Department of State
Washington, D.C.
842 SWEDEN
The Assistant Secretary of State for Economic Affairs to the Swedish
Minister
Department of State
Washington
June 24, 1947
My dear Mr. Minister:
I am pleased to have received your letter of June 24, 1947, setting forth the
policies which the Swedish Government will follow in accomplishing the
registration and control of foreign exchange and the restriction of capital
movements.
I take pleasure in stating that the provisions of this letter are acceptable to
the Government of the United States.
Sincerely yours,
Willard L. Thorp
The Honorable
Herman Eriksson
Minister of Sweden
EXCHANGE OF PUBLICATIONS
Exchange of notes at Stockholm December 16, 1947
Entered into force December 16, 1947
61 Stat. 3605; Treaties and Other
International Acts Series 1688
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
no. is Stockholm, December 16, 1947
Excellency:
I have the honor to refer to the conversations which have taken place
between representatives of the Government of the United States of America
and representatives of the Government of Sweden in regard to the exchange
of official publications, and to inform Your Excellency that the Government
of the United States of America agrees that there shall be an exchange of
official publications between the two Governments in accordance with the
following provisions :
1 . Each of the two Governments shall furnish regularly a copy of each of
its official publications which are indicated in a selected list prepared by the
other Government and communicated through diplomatic channels subse-
quent to the conclusion of the present agreement. The list of publications
selected by each Government may be revised from time to time and may be
extended, without the necessity of subsequent negotiations, to include any
other official publication of the other Government not specified in the list, or
publications of new offices which the other Government may establish in the
future.
2. The official exchange office for the transmission of publications of the
Government of the United States of America shall be the Smithsonian Insti-
tution. The official exchange office for the transmission of publications of the
Government of Sweden shall be the Royal Swedish Library.
3. The publications shall be received on behalf of the United States of
843
844 SWEDEN
America by the Library of Congress and on behalf of the Kingdom of Sweden
by the Royal Swedish Library.
4. The present agreement does not obligate either of the two Govern-
ments to furnish blank forms, circulars which are not of a public character,
or confidential publications.
5. Each of the two Governments shall bear all charges, including postal,
rail and shipping costs, arising under the present agreement in connection
with the transportation within its own country of the publications of both
Governments and the shipment of its own publications to a port or other
appropriate place reasonably convenient to the exchange office of the other
Government.
6. The present agreement shall not be considered as a modification of
any existing exchange agreement between a department or agency of one
of the Governments and a department or agency of the other Government.
Upon the receipt of a note from Your Excellency indicating that the fore-
going provisions are acceptable to the Government of Sweden, the Govern-
ment of the United States of America will consider that this note and your
reply constitute an agreement between the two Governments on this subject,
the agreement to enter into force on the date of your note in reply.
Accept, Excellency, the renewed assurance of my highest consideration.
H. Freeman Matthews
His Excellency
Osten Unden
Minister for Foreign Affairs
Stockholm
The Minister of Foreign Affairs to the American Ambassador
Stockholm, December 16, 1947
ROYAL SWEDISH
MINISTRY FOR FOREIGN AFFAIRS
Sir,
With reference to your note of December 16, 1947, and to the conversa-
tions between representatives of the Government of the United States of
America in regard to the exchange of official publications, I have the honor
to inform you that the Government of Sweden agrees that there shall be an
exchange of official publications between the two Governments in accordance
with the following provisions :
[For text of provisions, see numbered paragraphs in U.S. note, above.]
The Government of Sweden considers that your note and this reply consti-
EXCHANGE OF PUBLICATIONS— DECEMBER 16, 1947 845
tute an agreement between the two Governments on this subject, the agree-
ment to enter into force on the date of this note.
Accept, Sir, the renewed assurance of my highest consideration.
OsTEN UNDEN
M. H. Freeman Matthews
Ambassador Extraordinary and Minister Plenipotentiary
of the United States of America
etc. etc. etc.
RECIPROCAL TRADE: QUANTITATIVE IMPORT
RESTRICTIONS AND DEFERMENT OF PAYMENTS
Exchange of memorandums and exchange of letters at Washington
February 11, 1948, modifying agreement of June 24, 1947
Entered into force February 11, 1948
Extended by agreement of June 12, 1948 1
62 Stat. 1840; Treaties and Other
International Acts Series 1712
The Department of State to the Swedish Embassy
Memorandum
The Government of the United States of America wishes to refer to dis-
cussions which have recently been held between its representatives and those
of the Government of Sweden concerning the problems faced by the Govern-
ment of Sweden as the result of its serious loss of gold and dollar exchange.
These discussions have resulted in a mutual understanding between the two
Governments as follows :
1 . After a careful examination of the facts relating to the payments posi-
tion of Sweden it is recognized that a temporary suspension of the commit-
ments undertaken by the Government of Sweden in paragraph 4 of its
aide-memoire dated June 24/1947 2 is necessary to permit the Government of
Sweden to meet its present payments difficulties. The principles governing
the temporary suspension of paragraph 4 of the cited aide-memoire are set
forth in a letter dated February 1 1, 1948 from Mr. Aminoff, Swedish Charge
d' Affaires, to Mr. Thorp, Assistant Secretary of State for Economic Affairs.
2. The Government of the United States recognizes that the commit-
ments undertaken by the Government of Sweden in paragraph 5(c) of its
aide-memoire dated June 24, 1947 with respect to quotas applicable to the
importation of commodities listed in Schedule I of the Commercial Agree-
ment between the two Governments signed May 25, 1935,3 have, in gen-
eral, been fulfilled, total imports being in excess of the total of the amounts
stipulated. In view of this development, caused substantially by the operation
"TIAS 1800, post, p. 850.
aTIAS 1711, ante, p. 837.
s For schedules, see 49 Stat. 3768 or p. 14 of EAS 79.
846
RECIPROCAL TRADE— FEBRUARY 11, 1948 847
of the transitional rules applied by the Government of Sweden, and because
of the serious and unanticipated deficit incurred by Sweden in its balance of
payments which has resulted in serious loss of gold and convertible foreign
exchange, the Government of the United States agrees not to invoke, for the
six months period ending June 30, 1948, the provisions of paragraph 5(c) of
the Swedish aide-memoire dated June 24, 1947, with respect to the applica-
tion of Swedish import controls to the importation of items listed in Schedule
I of the Commercial Agreement of 1935.
3. In applying quantitative restrictions necessary to safeguard its exter-
nal financial and balance of payments position to all imports from the
United States, including those listed in Schedule I, the Government of
Sweden will issue licenses to cover hardship cases in connection with con-
tracts (previously based on valid import licenses, wherever necessary, or
assurances thereof) involving goods which have been, or are, in the process
of being specifically made or prepared for use in Sweden. Favorable con-
sideration will also be given to cases involving goods for which, in connec-
tion with contracts, specific preparations have been made for shipment to
Sweden.
4. Because of the large deficit in the Swedish balance of payments with the
hard currency areas of the world, it is recognized that the Government of
Sweden is faced with the necessity of taking measures to correct its present
imbalance of trade, and to conserve its foreign exchange.
5. It is, therefore, understood between the Governments of Sweden and
the United States that the balance of payments problems of Sweden are
similar to those of other countries which gave rise to the provisions of the
General Agreement on Tariffs and Trade, concluded at Geneva, Switzer-
land, on October 30, 1947 by the United States and twenty-two other
signatories and that, therefore, the two Governments agree to undertake
negotiations with a view to the temporary relaxation of the requirements
of Articles II and VII of the Commercial Agreement of 1935, to become
effective July 1 , 1 948 along the lines of the balance of payments provisions
of the General Agreement on Tariffs and Trade, which both Governments
consider appropriate under the circumstances.
Department of State
Washington, February 11, 1948
The Swedish Embassy to the Department of State
embassy of sweden
washington, dc.
Memorandum
The Government of Sweden wishes to refer to discussions which have
recently been held between its representatives and those of the Government
308-582—73 55
848 SWEDEN
of the United States of America concerning the problems faced by the
Government of Sweden as the result of its serious loss of gold and dollar
exchange. These discussions have resulted in a mutual understanding be-
tween the two Governments as follows :
[For terms of understanding, see numbered paragraphs in U.S. note, above.]
Washington, D.C, February 11, 1948
A.F.F.
The Swedish Charge a" Affaires ad interim to the Assistant Secretary of State
for Economic Affairs
EMBASSY OF SWEDEN
WASHINGTON, D.C.
February 11, 1948
My dear Mr. Secretary:
Reference is made to the Minister's letter of June 24, 1947 * setting forth
the policies of the Swedish Government in connection with foreign exchange
transactions between Sweden and the United States. It will be recalled that
the final paragraph of the letter reads as follows :
"If unforeseen circumstances require temporary modification of the prin-
ciples set forth above, the Government of Sweden in accordance with the
provisions of its memorandum of June 24, 1947, will review the situation
with the Government of the United States".
Last December the Government of Sweden, having decided that the
payments position of Sweden required a further review with the Government
of the United States, initiated discussions on the subject in Washington. It
was pointed out in the discussions that Sweden has been and is taking steps
to bring its payments and receipts into equilibrium for 1948, except as to
a carryover of import commitments covered by import licenses issued in
1947 and a seasonal deficit anticipated during the first quarter of 1948.
After careful examination of the facts, it now appears advisable to find
a solution of Sweden's immediate payments difficulties through (a) reduc-
tion of import commitments referred to in the foregoing paragraph insofar
as this is feasible and through (b) temporary modifications of the policies
described in the letter, already cited, governing payments and transfers
to the United States, involving deferments of such payments and transfers.
In accordance with (b) above, the Government of Sweden therefore pro-
poses that in cases where the authorizing of a payment between Sweden
and the United States would cause Swedish gold and hard currency assets
♦TIAS 171 1,071**, p. 840.
RECIPROCAL TRADE— FEBRUARY 11, 1948 849
to fall below a minimum working balance, a reasonable delay in authorizing
such payment will not be considered a violation of paragraph 4 of the
Swedish aide-memoire of June 24, 1947 or of the terms of the Minister's
letter of the same date.
The Swedish Government considers the above proposal as an exceptional
and temporary measure which it intends to withdraw as soon as Sweden's
reserves of gold and convertible foreign exchange reach such levels that pay-
ments and transfers may be made to the United States on a current basis
without adversely affecting Sweden's payments position. Accordingly, my
Government would be pleased to have a review of the situation whenever
either of our Governments considers that such action would be appropriate.
It is the understanding of my Government that the temporary arrangements
outlined in this letter would remain in effect until terminated or modified
following a review of the situation as provided above.
Sincerely yours,
A. Aminoff
Mr. Willard L. Thorp
Assistant Secretary for Economic Affairs
Department of State
Washington, D.C.
The Assistant Secretary of State for Economic Affairs to the Swedish Charge
d' Affaires ad interim
Department of State
Washington
February 11, 1948
My dear Mr. Charge d'affaires :
I have received your letter of February 1 1, 1948, setting forth the proposals
of the Government of Sweden for temporary modification of the provisions
of the letter from the Swedish Minister dated June 24, 1947, regarding
foreign exchange transactions between Sweden and the United States.
It gives me pleasure to state that the provisions of your letter are acceptable
to the Government of the United States.
Sincerely yours,
Willard L. Thorp
Mr. Alexis de Aminoff
Charge d' Affaires ad interim of Sweden
RECIPROCAL TRADE: QUANTITATIVE IMPORT
RESTRICTIONS AND DEFERMENT OF PAYMENTS
Exchange of memorandums at Washington June 12, 1948, modifying
agreement of June 24, 1947, as modified
Entered into force June 12, 1948
Extended by agreement of June 27, 1949 1
62 Stat. 2647; Treaties and Other
International Acts Series 1800
The Swedish Embassy to the Department of State
embassy of sweden
washington, dc.
Memorandum
The Government of Sweden wishes to refer to discussions which have
recently been held between its Embassy in Washington and representatives
of the Government of the United States of America concerning the problems
faced by the Government of Sweden as the result of the serious loss of its gold
and dollar exchange. These discussions have resulted in a mutual understand-
ing between the two Governments as follows :
1 . Because of the large deficit in the Swedish balance of payments with
the hard currency areas of the world it is recognized that the Government of
Sweden continues to be faced with the necessity of taking measures to correct
its present imbalance of trade and to conserve its foreign exchange. The
import restrictions imposed by the Government of Sweden on March 15,
1947, as presently applied are understood to serve these purposes.
2. It is therefore agreed that the provisions contained in the exchange
of aide-memoire between the two Governments dated June 24, 1947,2
as modified by the exchange of memoranda dated February 11, 1948 3
shall continue to be applied after June 30, 1948, until the Government of
Sweden becomes a contracting party to the General Agreement on Tariffs
and Trade concluded at Geneva Switzerland on October 30, 1947, or until
June 30, 1949, whichever is the earlier. If by May 1, 1949, Sweden has not
adhered to the General Agreement on Tariffs and Trade, the two Govern-
JTIAS 1953, post,p. 866.
"TIAS 1711, ante, p. 837.
"TIAS 1712, ante, p. 846.
850
RECIPROCAL TRADE— JUNE 12, 1948 851
ments agree to review the situation for the purpose of considering such actions
as the circumstances may demand.
It is further agreed that either Government after consultation as to the con-
tinued justification for this understanding may terminate it on sixty days
written notice.
Washington, D.C., June 12, 1948
A. A. F. F.
The Department of State to the Swedish Embassy
Memorandum
The Government of the United States of America wishes to refer to dis-
cussions which have recently been held between its representatives and repre-
sentatives of the Embassy of Sweden concerning the problems faced by the
Government of Sweden as the result of its serious loss of gold and dollar
exchange, and to the memorandum of today's date from the Embassy of
Sweden setting forth the understanding reached in these discussions. The
Government of the United States of America confirms the understanding
reached in these discussions as set forth in the memorandum from the Em-
bassy of Sweden.
W. L. T.
Department of State
Washington, June 12, 1948
MOST-FAVORED-NATION TREATMENT FOR
AREAS UNDER OCCUPATION OR CONTROL
Exchange of notes at Stockholm July 3, 1948
Entered into force July 3, 1948
Expired in accordance with its terms
62 Stat. 2930; Treaties and Other
International Acts Series 1833
The American Ambassador to the Minister of Foreign Affairs
No. 109 Stockholm, July 3, 1948
Excellency:
I have the honor to refer to the conversations which have recently taken
place between representatives of our two Governments relating to the terri-
torial application of commercial arrangements between the United States
of America and Sweden and to confirm the understanding reached as a
result of these conversations as follows :
1. For such time as the Government of the United States of America
participates in the occupation or control of any areas in western Germany or
the Free Territory of Trieste, the Government of Sweden will apply to the
merchandise trade of such area the provisions relating to the most-favored-
nation treatment of the merchandise trade of the United States of America
set forth in the Trade Agreement between the United States of America and
Sweden signed May 25, 1935 1 (including, for its duration, the memoranda
as to its application exchanged June 12, 1948),2 or, for such time as the
Governments of the United States of America and Sweden may both be con-
tracting parties to the General Agreement on Tariffs and Trade, dated Octo-
ber 30, 1947, 3 the provisions of that Agreement, as now or hereafter amended,
relating to the most-favored-nation treatment of such trade. It is understood
that the undertaking in this paragraph relating to the application of the most-
favored-nation provisions of the Trade Agreement of 1935 shall be subject
to the exceptions recognized in the General Agreement on Tariffs and Trade
1 EAS 79, ante, p. 799.
*TIAS 1800, ante, p. 850.
* TIAS 1700, ante, vol. 4, p. 639.
852
MOST-FAVORED-NATION TREATMENT— JULY 3, 1948 853
permitting departures from the application of most-favored-nation treatment;
provided that nothing in this sentence shall be construed to require com-
pliance with the procedures specified in the General Agreement with regard
to the application of such exceptions.
2. The undertaking in point 1, above, will apply to the merchandise
trade of any area referred to therein only for such time and to such extent
as such area accords reciprocal most-favored-nation treatment to the mer-
chandise trade of Sweden.
3. The undertakings in points 1 and 2, above, are entered into in the
light of the absence at the present time of effective or significant tariff bar-
riers to imports into the areas herein concerned. In the event that such tariff
barriers are imposed, it is understood that such undertakings shall be without
prejudice to the application of the principles set forth in the Havana Charter
for an International Trade Organization * relating to the reduction of tariffs
on a mutually advantageous basis.
4. It is recognized that the absence of a uniform rate of exchange for the
currency of the areas in western Germany referred to in point 1 , above, may
have the effect of indirectly subsidizing the exports of such areas to an extent
which it would be difficult to calculate exactly. So long as such a condition
exists, and if consultation with the Government of the United States of
America fails to reach an agreed solution to the problem, it is understood that
it would not be inconsistent with the undertaking in point 1 for the Govern-
ment of Sweden to levy a countervailing duty on imports of such goods
equivalent to the estimated amount of such subsidization, where the Govern-
ment of Sweden determines that the subsidization is such as to cause or
threaten material injury to an established domestic industry or is such as to
prevent or materially retard the establishment of a domestic industry.
5. The undertakings in this note shall remain in force until January 1,
1951, and unless at least six months before January 1, 1951, either Govern-
ment shall have given notice in writing to the other of intention to terminate
these undertakings on that date, they shall remain in force thereafter until
the expiration of six months from the date on which such notice shall have
been given.
Accept, Excellency, the renewed assurances of my highest consideration.
H. Freeman Matthews
His Excellency
Osten Unden
Minister of Foreign Affairs
Stockholm
4 Unperfccted ; for excerpts, see A Decade of American Foreign Policy: Basic Docu-
ments, 1941-1949 (S. Dec. 123, 81st Cong., 1st sess.), p. 391.
854 SWEDEN
The Minister of Foreign Affairs to the American Ambassador
KUNGL. UTRIKES o r ; o »n^r>
DEPAKTBMENTET STOCKHOLM, July 3, 1948
Mr. Ambassador,
I have the honor to refer to the conversations which have recently taken
place between representatives of our two Governments relating to the terri-
torial application of commercial arrangements between Sweden and the
United States of America and to confirm the understanding reached as a
result of these conversations as follows :
[For text of understanding, see numbered paragraphs in U.S. note, above.]
Please accept, Mr. Ambassador, the renewed assurances of my highest
consideration.
Osten Unden
Mr. H. Freeman Matthews
Ambassador of the United States of America
etc., etc., etc.
Stockholm
ECONOMIC COOPERATION
Agreement and annex signed at Stockholm July 3, 1948
Ratified by Sweden July 21, 1948
Entered into force July 21, 1948
Amended by agreements of January 5 and 17, 1950,1 and February 8
and 23, 1951 2
62 Stat. 2541 ; Treaties and Other
International Acts Series 1793
Economic Cooperation Agreement between the United States
of America and Sweden
Preamble
The Governments of the United States of America and Sweden:
Recognizing that the restoration or maintenance in European countries
of principles of individual liberty, free institutions, and genuine independence
rests largely upon the establishment of sound economic conditions, stable
international economic relationships, and the achievement by the countries
of Europe of a healthy economy independent of extraordinary outside
assistance;
Recognizing that a strong and prosperous European economy is essential
for the attainment of the purposes of the United Nations;
Considering that the achievement of such conditions calls for a European
recovery plan of self-help and mutual cooperation, open to all nations
which cooperate in such a plan, based upon a strong production effort, the
expansion of foreign trade, the creation or maintenance of internal financial
stability and the development of economic cooperation, including all pos-
sible steps to establish and maintain valid rates of exchange and to reduce
trade barriers;
Considering that in furtherance of these principles the Government of
Sweden has joined with other like-minded nations in a Convention for Euro-
pean Economic Cooperation signed at Paris on April 16, 1948, under which
the signatories of that Convention agreed to undertake as their immediate
M UST 181; TIAS 2034.
23UST2800;TIAS2448.
855
308-582—73 56
856 SWEDEN
task the elaboration and execution of a joint recovery program, and that
the Government of Sweden is a member of the Organization for European
Economic Cooperation created pursuant to the provisions of that Convention;
Considering also that, in furtherance of these principles, the Government
of the United States of America has enacted the Economic Cooperation Act
of 1948,3 providing for the furnishing of assistance by the United States of
America to nations participating in a joint program for European recovery,
in order to enable such nations through their own individual and concerted
efforts to become independent of extraordinary outside economic assistance ;
Taking note that the Government of Sweden has already expressed its
adherence to the purposes and policies of the Economic Cooperation Act of
1948;
Desiring to set forth the understandings which govern the furnishing of
assistance by the Government of the United States of America under the
Economic Cooperation Act of 1948, the receipt of such assistance by
Sweden, and the measures which the two Governments will take individually
and together in furthering the recovery of Sweden as an integral part of
the joint program for European recovery;
Have agreed as follows:
Article I
(Assistance and Cooperation)
1 . The Government of the United States of America undertakes to assist
Sweden, by making available to the Government of Sweden or to any per-
son, agency or organization designated by the latter Government such assist-
ance as may be requested by it and approved by the Government of the
United States of America. The Government of the United States of America
will furnish this assistance under the provisions, and subject to all of the
terms, conditions and termination provisions, of the Economic Cooperation
Act of 1948, acts amendatory and supplementary thereto and appropriation
acts thereunder, and will make available to the Government of Sweden
only such commodities, services and other assistance as are authorized to
be made available by such acts.
2. The Government of Sweden, acting individually and through the
Organization for European Economic Cooperation, consistently with the
Convention for European Economic Cooperation signed at Paris on April 16,
1948, will exert sustained efforts in common with other participating coun-
tries speedily to achieve through a joint recovery program economic condi-
tions in Europe essential to lasting peace and prosperity and to enable the
countries of Europe participating in such a joint recovery program to become
independent of extraordinary outside economic assistance within the period
of this Agreement. The Government of Sweden reaffirms its intention to take
'62 Stat. 137.
ECONOMIC COOPERATION— JULY 3, 1948 857
action to carry out the provisions of the General Obligations of the Conven-
tion for European Economic Cooperation, to continue to participate actively
in the work of the Organization for European Economic Cooperation, and
to continue to adhere to the purposes and policies of the Economic Coopera-
tion Act of 1948.
3. With respect to assistance furnished by the Government of the United
States of America to Sweden and procured from areas outside the United
States of America, its territories and possessions, the Government of Sweden
will cooperate with the Government of the United States of America in ensur-
ing that procurement will be effected at reasonable prices and on reasonable
terms and so as to arrange that the dollars thereby made available to the
country from which the assistance is procured are used in a manner con-
sistent with any arrangements made by the Government of the United
States of America with such country.
Article II
(General Undertakings)
1 . In order to achieve the maximum recovery through the employment
of assistance received from the Government of the United States of America,
the Government of Sweden will use its best endeavours :
(a) to adopt or maintain the measures necessary to ensure efficient and
practical use of all the resources available to it, including
(i) such measures as may be necessary to ensure that the commodities
and services obtained with assistance furnished under this Agreement are
used for purposes consistent with this Agreement and, as far as practicable,
with the general purposes outlined in the schedules furnished by the Gov-
ernment of Sweden in support of the requirements of assistance to be fur-
nished by the Government of the United States of America;
(ii) the observation and review of the use of such resources through
an effective follow-up system approved by the Organization for European
Economic Cooperation; and
(iii ) to the extent practicable, measures to locate, identify and put into
appropriate use in furtherance of the joint program for European recov-
ery, assets, and earnings therefrom, which belong to nationals of Sweden
and which are situated within the United States of America, its terri-
tories or possessions. Nothing in this clause imposes any obligation on
the Government of the United States of America to assist in carrying out
such measures or on the Government of Sweden to dispose of such
assets ;
(b) to promote the development of industrial and agricultural produc-
tion on a sound economic basis; to achieve such production targets as may
858 SWEDEN
be established through the Organization for European Economic Coopera-
tion; and when desired by the Government of the United States of America,
to communicate to that Government detailed proposals for specific projects
contemplated by the Government of Sweden to be undertaken in substan-
tial part with assistance made available pursuant to this Agreement, includ-
ing whenever practicable projects for increased production of steel, trans-
portation facilities and food;
(c) to stabilize its currency, establish or maintain a valid rate of ex-
change, balance its governmental budget, create or maintain internal finan-
cial stability and generally restore or maintain confidence in its monetary
system; and
(d) to cooperate with other participating countries in facilitating and
stimulating an increasing interchange of goods and services among the
participating countries and with other countries and in reducing public and
private barriers to trade among themselves and with other countries.
2. Taking into account Article 8 of the Convention for European Eco-
nomic Cooperation looking toward the full and effective use of manpower
available in the participating countries the Government of Sweden will
accord sympathetic consideration to proposals made in conjunction with the
International Refugee Organization directed to the largest practicable
utilization of manpower available in any of the participating countries in
furtherace of the accomplishment of the purposes of this Agreement.
3. The Government of Sweden will take the measures which it deems
appropriate, and will cooperate with other participating countries, to prevent,
on the part of private or public commercial enterprises, business practices
or business arrangements affecting international trade which restrain com-
petition, limit access to markets or foster monopolistic control whenever such
practices or arrangements have the effect of interfering with the achieve-
ment of the joint program of European recovery.
Article III
(Guaranties)
1. The Governments of the United States of America and Sweden will,
upon the request of either Government, consult respecting projects in Sweden
proposed by nationals of the United States of America and with regard to
which the Government of the United States of America may appropriately
make guaranties of currency transfer under section 111 (b) (3) of the
Economic Cooperation Act of 1948.
2. The Government of Sweden agrees that if the Government of the
United States of America makes payment in United States dollars to any
person under such a guaranty, any kronor or credits in kronor, assigned or
transferred to the Government of the United States of America pursuant to
ECONOMIC COOPERATION— JULY 3, 1948 859
that section shall be recognized as property of the Government of the United
States of America.
Article IV
(Access to Materials)
1 . The Government of Sweden will facilitate the transfer to the United
States of America, for stockpiling or other purposes, of materials originating
in Sweden which are required by the United States of America as a result of
deficiencies or potential deficiencies in its own resources, upon such reasonable
terms of sale, exchange, barter or otherwise, and in such quantities, and for
such period of time, as may be agreed to between the Governments of the
United States of America and Sweden, after due regard for the reasonable
requirements of Sweden for domestic use and commercial export of such
materials. The Government of Sweden will take such specific measures as
may be necessary to carry out the provisions of this paragraph, including
the promotion of the increased production of such materials within Sweden,
and the removal of any hindrances to the transfer of such materials to the
United States of America. The Government of Sweden will, when so re-
quested by the Government of the United States of America, enter into
negotiations for detailed arrangements necessary to carry out the provisions
of this paragraph.
2. Recognizing the principle of equity in respect to the drain upon the
natural resources of the United States of America and of the participating
countries, the Government of Sweden will, when so requested by the Govern-
ment of the United States of America, negotiate where applicable (a) a
future schedule of minimum availabilities to the United States of America
for future purchase and delivery of a fair share of materials originating in
Sweden which are required by the United States of America as a result of
deficiencies or potential deficiencies in its own resources at world market
prices so as to protect the access of United States industry to an equitable
share of such materials either in percentages of production or in absolute
quantities from Sweden, (b) arrangements providing suitable protection for
the right of access for any citizen of the United States of America or any
corporation, partnership, or other association created under the laws of
the United States of America or of any State or Territory thereof and sub-
stantially beneficially owned by citizens of the United States of America, in
the development of such materials on terms of treatment equivalent to those
afforded to the nationals of Sweden, and, ( c ) an agreed schedule of increased
production of such materials where practicable in Sweden and for delivery of
an agreed percentage of such increased production to be transferred to the
United States of America on a long-term basis in consideration of assistance
furnished by the United States of America under this Agreement.
3. The Government of Sweden, when so requested by the Government
of the United States of America, will cooperate, wherever appropriate, to
860 SWEDEN
further the objectives of paragraphs 1 and 2 of this Article in respect of
materials originating outside of Sweden.
Article V
(Travel Arrangements)
The Government of Sweden will cooperate with the Government of the
United States of America in facilitating and encouraging the promotion and
development of travel by citizens of the United States of America to and
within participating countries.
Article VI
(Consultation and Transmittal of Information)
1. The two Governments will, upon the request of either of them, consult
regarding any matter relating to the application of this Agreement or to
operations or arrangements carried out pursuant to this Agreement.
2. The Government of Sweden will communicate to the Government of
the United States of America in a form and at intervals to be indicated by
the latter after consultation with the Government of Sweden :
(a) detailed information of projects, programs and measures proposed
or adopted by the Government of Sweden to carry out the provisions of this
Agreement and the General Obligations of the Convention for European
Economic Cooperation;
(b) full statements of operations under this Agreement, including a
statement of the use of funds, commodities and services received thereunder,
such statements to be made in each calendar quarter;
(c) information regarding its economy and any other relevant informa-
tion, necessary to supplement that obtained by the Government of the
United States of America from the Organization for European Economic
Cooperation, which the Government of the United States of America may
need to determine the nature and scope of operations under the Economic
Cooperation Act of 1948, and to evaluate the effectiveness of assistance fur-
nished or contemplated under this Agreement and generally the progress
of the joint recovery program.
3. The Government of Sweden will assist the Government of the United
States of America to obtain information relating to the materials originating
in Sweden referred to in Article IV which is necessary to the formulation
and execution of the arrangements provided for in that Article.
Article VII
(Publicity)
1. The Governments of the United States of America and Sweden
recognize that it is in their mutual interest that full publicity be given to the
ECONOMIC COOPERATION— JULY 3, 1948 861
objectives and progress of the joint program for European recovery and
of the actions taken in furtherance of that program. It is recognized that wide
dissemination of information on the progress of the program is desirable in
order to develop the sense of common effort and mutual aid which are
essential to the accomplishment of the objectives of the program.
2. The Government of the United States of America will encourage the
dissemination of such information and will make it available to the media
of public information.
3. The Government of Sweden will encourage the dissemination of such
information both directly and in cooperation with the Organization for
European Economic Cooperation. It will make such information available
to the media of public information and take all practicable steps to ensure
that appropriate facilities are provided for such dissemination. It will further
provide other participating countries and the Organization for European
Economic Cooperation with full information on the progress of the program
for economic recovery.
4. The Government of Sweden will make public in Sweden in each
calendar quarter, full statements of operations under this Agreement, includ-
ing information as to the use of funds, commodities and services received.
Article VIII
(Missions)
1. The Government of Sweden agrees to receive a Special Mission for
Economic Cooperation which will discharge the responsibilities of the Govern-
ment of the United States of America in Sweden under this Agreement.
2. The Government of Sweden will, upon appropriate notification from
the Ambassador of the United States of America in Sweden, consider the
Special Mission and its personnel, and the United States Special Representa-
tive in Europe, as part of the Embassy of the United States of America in
Sweden for the purpose of enjoying the privileges and immunities accorded
to that Embassy and its personnel of comparable rank. The Government of
Sweden will further accord appropriate courtesies to the members and staff
of the Joint Committee on Foreign Economic Cooperation of the Congress
of the United States of America, and grant them the facilities and assistance
necessary to the effective performance of their responsibilities.
3. The Government of Sweden, directly and through its representatives
on the Organization for European Economic Cooperation, will extend full
cooperation to the Special Mission, to the United States Special Representa-
tive in Europe and his staff, and to the members and staff of the Joint Com-
mittee. Such cooperation shall include the provision of all information and
facilities necessary to the observation and review of the carrying out of this
Agreement, including the use of assistance furnished under it.
862 SWEDEN
Article IX
(Settlement of Claims of Nationals)
1 . The Governments of the United States of America and Sweden agree
to submit to the decision of the International Court of Justice any claim
espoused by either Government on behalf of one of its nationals against the
other Government for compensation for damage arising as a consequence of
governmental measures (other than measures concerning enemy property
or interests) taken after April 3, 1948, by the other Government and affecting
property or interests of such national, including contracts with or concessions
granted by duly authorized authorities of such other Government. It is under-
stood that the undertaking of each Government in respect of claims espoused
by the other Government pursuant to this paragraph is made in the case of
each Government under the authority of and is limited by the terms and
conditions of such effective recognition as it has heretofore given to the com-
pulsory jurisdiction of the International Court of Justice under Article 36 of
the Statute of the Court.* The provisions of this paragraph shall be in all
respects without prejudice to other rights of access, if any, of either Govern-
ment to the International Court of Justice or to the espousal and presenta-
tion of claims based upon alleged violations by either Government of rights
and duties arising under treaties, agreements or principles of international law.
2. The Governments of the United States of America and Sweden
further agree that such claims may be referred, in lieu of the Court, to any
arbitral tribunal mutually agreed upon.
3. It is further understood that neither Government will espouse a claim
pursuant to this Article until its national has exhausted the remedies avail-
able to him in the administrative and judicial tribunals of the country in
which the claim arose.
Article X
( Definitions )
As used in this Agreement the term "participating country" means
(a) any country which signed the Report of the Committee of European
Economic Cooperation at Paris on September 22, 1947, and territories for
which it has international responsibility and to which the Economic Coopera-
tion Agreement concluded between that country and the Government of the
United States of America has been applied, and
(b) any other country (including any of the zones of occupation of
Germany, and areas under international administration or control, and the
Free Territory of Trieste or either of its zones) wholly or partly in Europe,
together with dependent areas under its administration;
for so long as such country is a party to the Convention for European Eco-
TS 993, ante, vol. 3, p. 1 186.
ECONOMIC COOPERATION— JULY 3, 1948 863
nomic Cooperation and adheres to a joint program for European recovery
designed to accomplish the purpose of this Agreement.
Article XI
(Entry into Force, Amendment, Duration)
1. This agreement shall become effective on the date of ratification by
His Majesty the King of Sweden with the consent of the Riksdag. Subject
to the provisions of paragraphs 2 and 3 of this Article, it shall remain in force
until June 30, 1953, and, unless at least six months before June 30, 1953,
either Government shall have given notice in writing to the other of intention
to terminate the Agreement on that date, it shall remain in force thereafter
until the expiration of six months from the date on which such notice shall
have been given.
2. If, during the life of this Agreement, either Government should con-
sider there has been a fundamental change in the basic assumptions under-
lying this Agreement, it shall so notify the other Government in writing and
the two Governments will thereupon consult with a view to agreeing upon the
amendment, modification or termination of this Agreement. If, after three
months from such notification, the two Governments have not agreed upon
the action to be taken in the circumstances, either Government may give
notice in writing to the other of intention to terminate this Agreement. Then,
subject to the provisions of paragraph 3 of this Article, this Agreement shall
terminate either:
(a) six months after the date of such notice of intention to terminate, or
(b) after such shorter period as may be agreed to be sufficient to ensure
that the obligations of the Government of Sweden are performed in respect
of any assistance which may continue to be furnished by the Government
of the United States of America after the date of such notice;
provided, however, that Article IV and paragraph 3 of Article VI shall remain
in effect until two years after the date of such notice of intention to terminate,
but not later than June 30, 1 953.
3. Subsidiary agreements and arrangements negotiated pursuant to this
Agreement may remain in force beyond the date of termination of this Agree-
ment and the period of effectiveness of such subsidiary agreements and
arrangements shall be governed by their own terms.
Paragraph 2 of Article III shall remain in effect for so long as the guaranty
payments referred to in that Article may be made by the Government of the
United States of America.
4. This Agreement may be amended at any time by agreement between
the two Governments.
5. The Annex to this Agreement forms an integral part thereof.
864 SWEDEN
6. This Agreement shall be registered with the Secretary-General of
the United Nations.
In witness whereof the respective representatives, duly authorized for
the purpose, have signed the present Agreement.
Done at Stockholm, in duplicate, in the English and Swedish languages,
both texts authentic, this 3rd day of July 1948.
For the Government of the United States of America :
H. Freeman Matthews [seal]
For the Swedish Government :
OSTEN UNDEN [SEAL]
Annex
(Interpretative Notes)
1. It is understood that the requirements of paragraph 1 (a) of Article II.
relating to the adoption of measures for the efficient use of resources, would
include, with respect to commodities furnished under the Agreement, effective
measures for safeguarding such commodities and for preventing their diver-
sion to illegal or irregular markets or channels of trade.
2. It is understood that the obligation under paragraph 1(c) of Article
II to balance the budget would not preclude deficits over a short period but
would mean a budgetary policy involving the balancing of the budget in the
long run.
3. It is understood that the business practices and business arrangements
referred to in paragraph 3 of Article II mean:
( a) fixing prices, terms or conditions to be observed in dealing with others
in the purchase, sale or lease of any product;
(b) excluding enterprises from, or allocating or dividing, any territorial
market or field of business activity, or allocating customers, or fixing sales
quotas or purchase quotas;
( c ) discriminating against particular enterprises ;
( d ) limiting production or fixing production quotas ;
(e) preventing by agreement the development or application of technol-
ogy or invention whether patented or unpatented ;
(f ) extending the use of rights under patents, trademarks or copyrights
granted by either country to matters which, according to its laws and regula-
tions, are not within the scope of such grants, or to products or conditions of
production, use or sale which are likewise not the subjects of such grants; and
(g) such other practices as the two Governments may agree to include.
ECONOMIC COOPERATION— JULY 3, 1948 865
4. It is understood that the Government of Sweden is obligated to take
action in particular instances in accordance with paragraph 3 of Article II
only after appropriate investigation or examination.
5. It is understood that the phrase in Article IV "after due regard for the
reasonable requirements of Sweden for domestic use" would include the
maintenance of reasonable stocks of the materials concerned and that the
phrase "commercial export" might include barter transactions. It is also
understood that arrangements negotiated under Article IV might appro-
priately include provision for consultation, in accordance with the prin-
ciples of Article 32 of the Havana Charter for an International Trade
Organization,5 in the event that stockpiles are liquidated.
6. It is understood that the Government of Sweden will not be re-
quested, under paragraph 2(a) of Article VI, to furnish detailed information
about minor projects or confidential commercial or technical information
the disclosure of which would injure legitimate commercial interests.
7. It is understood that the Government of the United States of America
in making the notifications referred to in paragraph 2 of Article VIII
would bear in mind the desirability of restricting, so far as practicable,
the number of officials for whom full diplomatic privileges would be re-
quested. It is also understood that the detailed application of Article VIII
would, when necessary, be the subject of inter-governmental discussion.
8. It is understood that any agreements which might be arrived at pur-
suant to paragraph 2 of Article IX would be subject to ratification by the
Senate of the United States of America.
9. It is understood that in the event it is proposed to make assistance
available to Sweden on a grant basis, the two Governments will consult
with a view to amending the Agreement so as to make adequate provision
for the deposit of local currency in accordance with the requirements of
the Economic Cooperation Act of 1948, acts amendatory and supplementary
thereto and appropriation acts thereunder.
s Unperfected. Art. 32(3) of the Havana Charter reads as follows:
"Such Member shall, at the request of any Member which considers itself substantially
interested, consult as to the best means of avoiding substantial injury to the economic
interests of producers and consumers of the primary commodity in question. In cases
where the interests of several Members might be substantially affected, the Organization
may participate in the consultations, and the Member holding the stocks shall give due
consideration to its recommendations."
RECIPROCAL TRADE: QUANTITATIVE IMPORT
RESTRICTIONS AND DEFERMENT OF PAYMENTS
Exchange of memorandums at Washington June 27, 1949, modifying
agreement of June 24, 1947, as modified
Entered into force June 27, 1949
Terminated April 30, 1950 J
63 Stat. 2612; Treaties and Other
International Acts Series 1953
The Swedish Embassy to the Department of State
embassy of sweden
washington, d.c.
Memorandum
The Government of Sweden wishes to refer to discussions which have
been held between its representatives in Washington and representatives
of the Government of the United States of America concerning the prob-
lems faced by the Government of Sweden as the result of the serious loss of
its gold and dollar exchange. These discussions have resulted in a mutual
understanding between the two Governments as follows :
1 . Because of the large deficit in the Swedish balance of payments with
the hard currency areas of the world, it is recognized that the Government
of Sweden continues to be faced with the necessity of taking measures to
correct its present imbalance of trade and to conserve its foreign exchange.
The import restrictions imposed by the Government of Sweden on March 15,
1947, as presently applied, are understood to serve these purposes.
2. It is therefore agreed that the provisions contained in the exchange
of aide-memoire between the two Governments dated June 24, 1947,2
as modified by the exchange of memoranda dated February 11, 1948 3
and June 12, 1948 4 shall continue to be applied after June 30, 1949, until
the Government of Sweden becomes a contracting party to the General
Agreement on Tariffs and Trade concluded at Geneva, Switzerland, on
1 Date on which Sweden became a contracting party to the General Agreement on Tariffs
and Trade (TIAS 1700, ante, vol. 4, p. 639).
2TIAS 1711, ante, p. 837.
3 TIAS 1712, ante, p. 846.
*TIAS 1800, ante, p. 850.
866
RECIPROCAL TRADE— JUNE 27, 1949 867
October 30, 1947, or until June 30, 1950, whichever is the earlier. The
Government of Sweden is now engaged in tariff negotiations in Annecy,
France, looking toward its eventual accession to that Agreement. If, however,
Sweden has not adhered to the General Agreement on Tariffs and Trade by
May 1, 1950, the two Governments agree to review the situation for the
purpose of considering such actions as the circumstances may demand.
It is further agreed that either Government after consultation as to the
continued justification for this understanding may terminate it on sixty days
written notice.
Washington, D.C. June 27, 1949
A. Aff.
The Department of State to the Swedish Embassy
Memorandum
The Government of the United States of America wishes to refer to dis-
cussions which have been held between its representatives and representa-
tives of the Government of Sweden concerning the problems faced by the
Government of Sweden as the result of its serious loss of gold and dollar
exchange, and to the memorandum of today's date from the Embassy of
Sweden setting forth the understanding reached in these discussions. The
Government of the United States of America takes note of the fact that
the Government of Sweden acknowledges the current validity of the 1947
and 1948 understandings between the two Governments. The Government
of the United States of America confirms the understanding reached in re-
cent discussions as set forth in the memorandum from the Embassy of Sweden.
W. L. T.
Department of State
Washington, June 27, 1949
Sweden and Norway
FRIENDSHIP AND COMMERCE
Treaty signed at Stockholm September 4, 1816
Senate advice and consent to ratification, with the exception of articles
3, 4, and 6, February 19, 1817
Ratified by the President of the United States, with the exception of
articles 3, 4, and 6, May 27, 1818
Ratified by Sweden and Norway July 24, 1818
Ratifications exchanged at Stockholm September 25, 1818
Entered into force September 25, 1818
Proclaimed by the President of the United States December 31, 1818
Expired September 25, 1826
8 Stat. 232; Treaty Series 347 x
[translation]
In the name of the most holy and indivisible Trinity.
The United States of America and His Majesty the King of Sweden and
Norway, equally animated with a sincere desire to maintain and confirm the
relations of friendship and commerce which have hitherto subsisted between
the two states, and being convinced that this object can not be more effec-
tually accomplished than by establishing, reciprocally, the commerce between
the two states upon the firm basis of liberal and equitable principles equally
advantageous to both countries, have named to this end plenipotentiaries, and
have furnished them with the necessary full powers to treat and in their name
to conclude a treaty; to wit: the President of the United States, Jonathan
Russell, a citizen of said United States and now their Minister Plenipoten-
tiary at the Court of Stockholm; and His Majesty the King of Sweden and
Norway, His Excellency the Count Laurent d'Engestrom, his Minister of
State for Foreign Affairs, Chancellor of the University of Lund, Knight Com-
mander of the Orders of the King, Knight of the Order of Charles XIII,
'For a detailed study of this treaty, see 2 Miller 601.
868
FRIENDSHIP AND COMMERCE— SEPTEMBER 4, 1816 869
Grand Cross of the Orders of St. Etienne of Hungary, of the Legion of Honor
of France, of the Black Eagle and of the Red Eagle of Prussia, and the Count
Adolphe George De Momer, his Counselor of State and Commander of the
Order of the Polar Star; and the said plenipotentiaries, after having produced
and exchanged their full powers, found in good and due form, have agreed
on the following articles :
Article 1
There shall be between all the territories under the dominion of the United
States of America and of His Majesty the King of Sweden and Norway, a
reciprocal liberty of commerce. The inhabitants of either of the two coun-
tries shall have liberty, with all security for their persons, vessels, and cargoes,
to come freely to all ports, places, and rivers within the territories of the
other into which the vessels of the most favored nations are permitted to
enter. They can there remain and reside in any part whatsoever of the said
territories; they can there hire and occupy houses and warehouses for their
commerce; and, generally, the merchants and traders of each of the two
nations shall enjoy in the other the most complete security and protection for
the transaction of their business, being bound, alone, to conform to the laws
and statutes of the two countries respectively.
Article 2
No other or higher duties, imposts, or charges whatsoever, shall be imposed
on the importation into the territories of His Majesty the King of Sweden and
Norway of the produce or manufactures of the United States, nor on the im-
portation into the United States of the produce or manufactures of the terri-
tories of His Majesty the King of Sweden and Norway, than those to which
the same articles would be subjected in each of the two countries respectively,
if these articles were the growth, produce, or manufacture of any other coun-
try. The same principle shall likewise be observed in respect to exportation,
in such manner that in each of the two countries respectively, the articles
which shall be exported for the other cannot be charged with any duty, im-
post, or charge whatsoever, higher or other than those to which the same
articles would be subjected if they were exported to any other country what-
ever.
Nor shall any prohibition be imposed on the exportation or importation of
any article, the growth, produce, or manufacture of the territories of His
Majesty the King of Sweden and Norway or of the United States, to or from
the said territories of His Majesty the King of Sweden and Norway or to or
from the said United States, which shall not equally extend to all other
nations.
Swedish or Norwegian vessels arriving in ballast, or importing into the
United States the produce or manufactures of their countries, or exporting
870 SWEDEN AND NORWAY
from the United States the produce or manufactures of said States, shall
not be obliged to pay, either for the vessels or the cargoes, any other or higher
duties, imposts, or charges whatsoever, than those which the vessels of the
United States would pay in the same circumstances; and, vice versa, the ves-
sels of the United States arriving in ballast, or importing into the territories
under the dominion of His Majesty the King of Sweden and Norway the
produce or manufactures of the United States, or exporting from the terri-
tories under the dominion of His Majesty the King of Sweden and Norway
the produce or manufactures of these territories, shall not pay, either for the
vessels or the cargoes, any other or higher duties, imposts, or charges what-
soever, than those which would be paid if these articles were transported by
Swedish or Norwegian vessels respectively.
That which is here above stipulated shall also extend to the Swedish colony
of Saint-Barthelemy, as well in what relates to the rights and advantages
which the vessels of the United States shall enjoy in its ports as in relation to
those which the vessels of the colony shall enjoy in the ports of the United
States, provided the owners are inhabitants of Saint-Barthelemy and there
established and naturalized and shall have there caused their vessels to be
naturalized.
Article 3 2
His Majesty the King of Sweden and Norway agrees that all articles,
the growth, produce, or manufacture of the West Indies, which are permitted
to be imported in Swedish or Norwegian vessels, whether these articles be
imported directly or indirectly from said Indies, may likewise be imported
into its territories in vessels of the United States, and there shall not be paid,
either for the said vessels or the cargoes, any higher or other duties, imposts,
or charges whatsoever, than those which would be paid by Swedish or
Norwegian vessels in the same circumstances, with an addition only of ten
per centum on the said duties, imposts, and charges, and no more.
In order to avoid misapprehension in this respect, it is expressly declared
that the term "West Indies" ought to be taken in its most extensive sense,
comprising all that portion of the earth, whether mainland or islands, which
at any time has been denominated the West Indies, in contradistinction to
that other portion of the earth denominated the East Indies.
Article 4 2
The United States of America on their part agree that all articles, the
growth, produce, or manufacture of the countries surrounding the Baltic
Sea or bordering thereon, which are permitted to be imported in vessels
of the United States, whether these articles be imported directly or indirectly
1 Arts. 3, 4, and 6 were excepted in the Senate's resolution of advice and consent
and in the President's instrument of ratification.
FRIENDSHIP AND COMMERCE— SEPTEMBER 4, 1816 871
from the Baltic, may likewise be imported into the United States in Swedish
or Norwegian vessels; and there shall not then be paid for the said vessels
or for the cargoes any higher or other duties, imposts, or charges whatsoever,
than those which would be paid by vessels of the United States in the same
circumstances, with an addition only of ten per centum on the said duties,
imposts, and charges, and no more.
In order to avoid all uncertainty in respect to the duties, imposts, or
charges whatsoever, which a vessel belonging to the citizens or subjects of one
of the contracting parties ought to pay on arriving in the ports of the other
with a cargo consisting partly of articles, the growth, produce, or manufac-
ture of the country to which the vessel belongs, and partly of any other
merchandise, which the said vessel is permitted to import by the preceding
articles, it is agreed that in case a cargo should be thus mixed, the vessel
shall always pay the duties, imposts, and charges, according to the nature
of that part of the cargo which is subjected to the highest duties, in the
same manner as if the vessel imported this sort of merchandise only.
Article 5
The high contracting parties grant mutually the liberty of having in the
places of commerce and ports of the other, consuls, vice consuls, or commer-
cial agents, who shall enjoy all the protection and assistance necessary for
the due discharge of their functions. But it is here expressly declared that
in case of illegal or improper conduct in respect to the laws or Government
of the country to which they are sent, the said consul, vice consul, or agent
may be either punished according to law, dismissed, or sent away by the
offended Government, that Government assigning to the other the reasons
therefor. It is, nevertheless, understood that the archives and documents
relative to the affairs of the consulate shall be protected from all examina-
tion and shall be carefully preserved, being placed under the seal of the
consul and of the authority of the place where he shall have resided.
The consuls and their deputies shall have the right, as such, to act as
judges and arbitrators in the differences which may arise between the cap-
tains and crews of the vessels of the nation whose affairs are entrusted to
their care. The respective Governments shall have no right to interfere in
matters of this kind, except the conduct of the captain and crew shall disturb
the peace and tranquility of the country in which the vessel may be, or that
the consul of the place shall feel himself obliged to resort to the interposition
and support of the executive authority to cause his decision to be respected
and maintained. It being, nevertheless, understood that this kind of judgment
or award shall not deprive the contending parties of the right which they
shall have, on their return, to recur to the judicial authorities of their
own country.
872 SWEDEN AND NORWAY
Article 6 3
In order to prevent all dispute and uncertainty in respect to what may be
considered as being the growth, produce, or manufacture of the contracting
parties respectively, it is agreed that whatever the chief or intendant of the
customs shall have designated and specified as such in the clearance delivered
to the vessels which depart from the European ports of His Majesty the
King of Sweden and Norway, shall be acknowledged and admitted as such
in the United States; and that, in the same manner, whatever the chief
or collector of the customs in the ports of the United States shall have desig-
nated and specified as the growth, produce, or manufacture of the United
States, shall be acknowledged and admitted as such in the territories of His
Majesty the King of Sweden and Norway. The specification or designation
given by the chief of the customs in the colonies of His Majesty the King
of Sweden and Norway and confirmed by the governor of the colony, shall
be considered as sufficient proof of the origin of the articles thus specified
or designated to obtain for them admission into the ports of the United
States accordingly.
Article 7
The citizens or subjects of one of the contracting parties, arriving with
their vessels on any coast belonging to the other but not willing to enter
into port, or being entered into port and not willing to unload or break
bulk, shall have liberty to depart and to pursue their voyage without mo-
lestation and without being obliged to render account of their cargo or to
pay any duties, imposts, or charges whatsoever on the vessels or cargo, ex-
cepting only the dues of pilotage, when a pilot shall have been employed,
or those of quayage or light money whenever these dues are paid in the
same circumstances by the citizens or subjects of the country. It being, never-
theless, understood that whenever the vessels belonging to the citizens or
subjects of one of the contracting parties shall be within the jurisdiction of
the other, they shall conform to the laws and regulations concerning naviga-
tion and the places and ports into which it may be permitted to enter, which
are in force with regard to the citizens or subjects of the country; * and
it shall be lawful for the officers of the customs in the district where the said
vessels may be, to visit them, to remain on board, and to take such precau-
tions as may be necessary to prevent all illicit commerce while such vessels
remain within the said jurisdiction.
8 See footnote 2, p. 870.
4 The words "with regard to the citkens or subjects of the country" are a mistranslation;
"with regard to the most favored nations" would be a correct equivalent of the French;
the difference in the sense is important. [2 Miller 607.]
FRIENDSHIP AND COMMERCE— SEPTEMBER 4, 1816 873
Article 8
It is also agreed that the vessels of one of the contracting parties, entering
the ports of the other, shall be permitted to discharge a part only of their
cargoes whenever the captain or owner shall desire so to do, and they shall
be allowed to depart freely with the remainder without paying any duties,
imposts, or charges whatsoever, except on that part which shall have been
landed, and which shall be marked and noted on the list or manifest contain-
ing the enumeration of the merchandise which the vessel ought to have on
board, and which list ought always to be presented, without reservation, to
the officers of the customs at the place where the vessel shall have arrived;
and nothing shall be paid on the part of the cargo which the vessel takes
away; and the said vessel may proceed therewith to any other port or ports in
the same country into which vessels of the most favored nations are permitted
to enter, and there dispose of the same ; or the said vessel may depart there-
with to the ports of any other country. It is, however, understood that the
duties, imposts, or charges which are payable on the vessel itself, ought to be
paid at the first port where it breaks bulk and discharges a part of the cargo,
and that no such duties or impositions shall be again demanded in the ports
of the same country where the said vessel may thereafter enter, except the
inhabitants of the country to be subjected to further duties in the same
circumstances.
Article 9
The citizens or subjects of one of the contracting parties shall enjoy in the
ports of the other, as well for their vessels as for their merchandise, all the
rights and privileges of entrepot which are enjoyed by the most favored
nations in the same ports.
Article 10
In case any vessel belonging to either of the two states or to their citizens
or subjects, shall be stranded, shipwrecked, or have suffered any other dam-
age on the coasts under the dominion of either of the parties, all aid and
assistance shall be given to the persons shipwrecked, or who may be in danger
thereof, and passports shall be granted them to return to their own country.
The ships and merchandise wrecked, or the proceeds thereof if the effects be
sold, being claimed in a year and a day by the owners or their attorney, shall
be restored on paying the same costs of salvage, conformably to the laws and
usages of the two nations, which the citizens or subjects of the country would
pay in the same circumstances. The respective Governments shall watch over
the companies which are or may be instituted for saving shipwrecked persons
and property, that vexations and abuses may not take place.
Article 11
It is agreed that vessels arriving direct from the United States at a port
874 SWEDEN AND NORWAY
under the dominion of His Majesty the King of Sweden and Norway, or from
the ports of His said Majesty in Europe at a port of the United States, fur-
nished with a certificate of health from the competent health officer of the
port whence they took their departure, certifying that no malignant or con-
tagious disease existed at that port, shall not be subjected to any other quaran-
tine than such as shall be necessary for the visit of the health officer of the
port at which they may have arrived, but shall, after such visit, be permitted
immediately to enter and discharge their cargoes; provided always, that there
may not be found any person on board who has been, during the voyage,
afflicted with a malignant or contagious disease, and that the country from
which the vessel comes may not be so generally regarded at the time as in-
fected or suspected, that it has been previously necessary to issue a regulation
by which all vessels coming from that country are regarded as suspected and
subjected to quarantine.
Article 12
The Treaty of Amity and Commerce concluded at Paris in 1 783 5 by the
plenipotentiaries of the United States and of His Majesty the King of Swe-
den, is renewed and put in force by the present treaty in respect to all which
is contained in the second, fifth, sixth, seventh, eighth, ninth, tenth, elev-
enth, twelfth, thirteenth, fourteenth, fifeenth, sixteenth, seventeenth, eight-
eenth, nineteenth, twenty-first, twenty-second, twenty-third, and twenty-fifth
articles of the said treaty, as well as the separate articles one, two, four, and
five, which were signed the same day by the same plenipotentiaries ; and the
articles specified shall be considered to have as full force and vigor as if they
were inserted word for word; provided, nevertheless, that the stipulations
contained in the articles above mentioned shall always be considered as mak-
ing no change in the conventions previously concluded with other friendly
and allied nations.
Article 13
Considering the distance of the respective countries of the two high con-
tracting parties and the uncertainty that results therefrom in relation to the
various events which may take place, it is agreed that a merchant vessel be-
longing to one of the contracting parties and destined to a port supposed
to be blockaded at the time of her departure, shall not, however, be captured
or condemned for having a first time attempted to enter the said port, unless
it may be proved that the said vessel could and ought to have learned on her
passage, that the place in question continued to be in a state of blockade. But
vessels which, after having been once turned away, shall attempt a second
time during the same voyage to enter the same port of the enemy while the
blockade continues, shall be liable to detention and condemnation.
5 Treaty between the United States and the King of Sweden signed at Paris Apr. 3, 1783
(TS 346, ante, p. 710, SWEDEN).
FRIENDSHIP AND COMMERCE— SEPTEMBER 4, 1816 875
Article 14
The present treaty, when the same shall have been ratified by the President
of the United States by and with the advice and consent of the Senate, and by
His Majesty the King of Sweden and Norway, shall continue in force and be
obligatory on the United States and His Majesty the King of Sweden and
Norway for the term of eight years from the exchange of the ratifications;
and the ratifications shall be exchanged in eight months from the signature
of this treaty, or sooner if possible.
In faith whereof the respective plenipotentiaries have signed the present
treaty and have thereunto set the seal of their arms. Done at Stockholm the
fourth day of September in the year of grace one thousand eight hundred
and sixteen.
JoNa Russell [seal]
Le Comte d'Engestrom [seal]
Le Comte A. G. de Morner [seal]
COMMERCE AND NAVIGATION
Treaty, with separate article, signed at Stockholm July 4, 1827
Ratified by Sweden and Norway July 11, 1827
Senate advice and consent to ratification January 7, 1828
Ratified by the President of the United States January 17, 1828
Ratifications exchanged at Washington January 18, 1828
Entered into force January 18, 1828
Proclaimed by the President of the United States January 19, 1828
Articles 13 and 14 abrogated by the United States July 1, 1916, in
accordance with Seamen's Act of March 4, 1915 x
Terminated, as to Sweden, February 4, 1919; 2 as to Norway (except
for part of article 1 s), September 13, 1932 *
8 Stat. 346; Treaty Series 348 5
[translation]
In the name of the Most Holy and Indivisible Trinity.
The United States of America and His Majesty the King of Sweden and
Norway, equally animated with the desire of extending and consolidating
the commercial relations subsisting between their respective territories, and
convinced that this object cannot better be accomplished than by placing
them on the basis of a perfect equality and reciprocity, have in consequence
agreed to enter into negotiation for a new Treaty of Commerce and Naviga-
tion, and to this effect have appointed Plenipotentiaries, to wit : the President
of the United States of America, John James Appleton, Charge d' Affaires of
the said States at the Court of His Majesty the King of Sweden and Norway ;
and His Majesty the King of Sweden and Norway, the Sieur Gustave Count
de Wetterstedt, his Minister of State and of Foreign Affairs, Knight Com-
mander of his Orders, Knight of the Orders of St. Andrew, St. Alexander
Newsky, and St. Ann of the first class of Russia, Knight of the Order of the
Red Eagle of the first class of Prussia, Grand Cross of the Order of Leopold
'38 Stat. 1164.
* Pursuant to notice of termination given by the United States Feb. 4, 1918.
* That part of art. 1 concerning entry and residence of nationals of one country in terri-
tories of the other for purposes of trade remained in force as of Jan. 1, 1970.
'Date of entry into force of treaty of June 5, 1928, and additional article of Feb. 25,
1929 (TS 852, ante, vol. 10, p. 481, NORWAY) .
"For a detailed study of this treaty, see 3 Miller 283.
876
COMMERCE AND NAVIGATION— JULY 4, 1827 877
of Austria, one of the eighteen of the Swedish Academy; who, after having
exchanged their full powers, found in good and due form, have agreed upon
the following articles :
Article 1
The citizens and subjects of each of the two high contracting parties may,
with all security for their persons, vessels, and cargoes, freely enter the ports,
places, and rivers of the territories of the other, wherever foreign commerce
is permitted. They shall be at liberty to sojourn and reside in all parts what-
soever of said territories, to rent and occupy houses and warehouses for their
commerce, and they shall enjoy, generally, the most entire security and pro-
tection in their mercantile transactions, on condition of their submitting to
the laws and ordinances of the respective countries.
Article 2
Swedish and Norwegian vessels, and those of the island of Saint-
Barthelemy, arriving either laden or in ballast into the ports of the United
States of America, from whatever place they may come, shall be treated on
their entrance, during their stay, and at their departure, upon the same
footing as national vessels coming from the same place, with respect to the
duties of tonnage, lighthouses, pilotage, and port charges, as well as to the
perquisites of public officers and all other duties or charges, of whatever
kind or denomination, levied in the name or to the profit of the Government,
the local authorities, or of any private establishments whatsoever.
And reciprocally, the vessels of the United States of America, arriving
either laden or in ballast in the ports of the Kingdoms of Sweden and Nor-
way, from whatever place they may come, shall be treated on their entrance,
during their stay, and at their departure, upon the same footing as national
vessels coming from the same place, with respect to the duties of tonnage,
lighthouses, pilotage, and port charges, as well as to the perquisites of public
officers and all other duties or charges, of whatever kind or denomination,
levied in the name or to the profit of the Government, the local authorities,
or of any private establishments whatsoever.
Article 3
All that may be lawfully imported into the United States of America in
vessels of the said States may also be thereinto imported in Swedish and
Norwegian vessels, and in those of the island of Saint-Barthelemy, from
whatever place they may come, without paying other or higher duties or
charges, of whatever kind or denomination, levied in the name or to the profit
of the Government, the local authorities, or of any private establishments
whatsoever, than if imported in national vessels.
And reciprocally, all that may be lawfully imported into the Kingdoms of
878 SWEDEN AND NORWAY
Sweden and Norway in Swedish and Norwegian vessels, or in those of the
island of Saint-Barthelemy, may also be thereinto imported in vessels of the
United States of America, from whatever place they may come, without
paying other or higher duties or charges, of whatever kind or denomination,
levied in the name or to the profit of the Government, the local authorities,
or of any private establishments whatsoever, than if exported in national
vessels.
Article 4
All that may be lawfully exported from the United States of America in
vessels of the said States may also be exported therefrom in Swedish and
Norwegian vessels, or in those of the island of Saint-Barthelemy, without
paying other or higher duties or charges, of whatever kind or denomination,
levied in the name or to the profit of the Government, the local authorities, or
of any private establishments whatsoever, than if exported in national vessels.
And reciprocally, all that may be lawfully exported from the Kingdoms
of Sweden and Norway in Swedish and Norwegian vessels, or in those of
the island of Saint-Barthelemy, may also be exported therefrom in vessels of
the United States of America, without paying other or higher duties or
charges, of whatever kind or denomination, levied in the name or to the profit
of the Government, the local authorities, or of any private establishments
whatsoever, than if exported in national vessels.
Article 5
The stipulations contained in the three preceding articles are to their full
extent applicable to the vessels of the United States of America proceeding,
either laden or not laden, to the colony of Saint-Barthelemy in the West
Indies, whether from the ports of the Kingdoms of Sweden and Norway or
from any other place whatsoever, or proceeding from the said colony, either
laden or not laden, whether bound for Sweden or Norway, or for any other
place whatsoever.
Article 6
It is expressly understood that the foregoing second, third, and fourth
articles are not applicable to the coastwise navigation from one port of the
United States of America to another port of the said States, nor to the
navigation from one port of the Kingdoms of Sweden or of Norwav to
another, nor to that between the two latter countries, which navigation
each of the two high contracting parties reserves to itself.
Article 7
Each of the two high contracting parties engages not to grant in its pur-
chases, or in those which might be made by companies or agents acting in
its name or under its authority, any preference to importations made in its
COMMERCE AND NAVIGATION— JULY 4, 1827 879
own vessels, or in those of a third power, over those made in the vessels
of the other contracting party.
Article 8
The two high contracting parties engage not to impose upon the naviga-
tion between their respective territories, in the vessels of either, any tonnage
or other duties of any kind or denomination, which shall be higher or
other than those which shall be imposed on every other navigation except
that which they have reserved to themselves, respectively, by the sixth article
of the present treaty.
Article 9
There shall not be established in the United States of America, upon the
products of the soil or industry of the Kingdoms of Sweden and Norway,
or of the island of Saint-Barthelemy, any prohibition or restriction of im-
portation or exportation, nor any duties of any kind or denomination what-
soever, unless such prohibitions, restrictions, and duties shall likewise be
established upon articles of like nature, the growth of any other country.
And reciprocally, there shall not be established in the Kingdoms of Sweden
and Norway, nor in the island of Saint-Barthelemy, on the products of the
soil or industry of the United States of America, any prohibition or restric-
tion of importation or exportation, nor any duties of any kind or denomina-
tion whatsoever, unless such prohibitions, restrictions, and duties be likewise
established upon articles of like nature, the growth of the island of Saint-
Barthelemy, or of any other place, in case such importation be made into
or from the Kingdoms of Sweden and Norway; or of the Kingdoms of
Sweden and Norway, or of any other place, in case such importation or
exportation be made into or from the island of Saint-Barthelemy.
Article 10
All privileges of transit and all bounties and drawbacks which may be
allowed within the territories of one of the high contracting parties upon
the importation or exportation of any article whatsoever, shall likewise be
allowed on the articles of like nature, the products of the soil or industry
of the other contracting party, and on the importations and exportations
made in its vessels.
Article 11
The citizens or subjects of one of the high contracting parties arriving with
their vessels on the coasts belonging to the other, but not wishing to enter
the port, or after having entered therein, not wishing to unload any part
of their cargo, shall be at liberty to depart and continue their voyage without
paying any other duties, imposts, or charges whatsoever, for the vessel and
cargo, than those of pilotage, wharfage, and for the support of lighthouses,
when such duties shall be levied on national vessels in similar cases. It is
30S-5S2 — 73 ,r>7
880 SWEDEN AND NORWAY
understood, however, that they shall always conform to such regulations
and ordinances concerning navigation and the places and ports which they
may enter, as are or shall be in force with regard to national vessels; and
that the customhouse officers shall be permitted to visit them, to remain on
board, and to take all such precautions as may be necessary to prevent all
unlawful commerce, as long as the vessels shall remain within the limits
of their jurisdiction.
Article 12
It is further agreed that the vessels of one of the high contracting parties,
having entered into the ports of the other, will be permitted to confine them-
selves to unloading such part only of their cargoes as the captain or owner
may wish, and that they may freely depart with the remainder without
paying any duties, imposts, or charges whatsoever, except for that part
which shall have been landed, and which shall be marked upon and erased
from the manifest exhibiting the enumeration of the articles with which
the vessel was laden ; which manifest shall be presented entire at the custom-
house of the place where the vessel shall have entered. Nothing shall be paid
on that part of the cargo which the vessel shall carry away and with which
it may continue its voyage to one or several other ports of the same country,
there to dispose of the remainder of its cargo, if composed of articles whose
importation is permitted, on paying the duties chargeable upon it; or it
may proceed to any other country. It is understood, however, that all duties,
imposts, or charges whatsoever, which are or may become chargeable upon
the vessels themselves, must be paid at the first port where they shall break
bulk or unlade part of their cargoes; but that no duties, imposts, or charges
of the same description shall be demanded anew in the ports of the same
country which such vessels might afterwards wish to enter, unless national
vessels be in similar cases subject to some ulterior duties.
Article 13
Each of the high contracting parties grants to the other the privilege of
appointing, in its commercial ports and places, consuls, vice consuls, and
commercial agents, who shall enjoy the full protection and receive every
assistance necessary for the due exercise of their functions ; but it is expressly
declared that in case of illegal or improper conduct with respect to the laws
or Government of the country in which said consuls, vice consuls, or commer-
cial agents shall reside, they may be prosecuted and punished conformably
to the laws, and deprived of the exercise of their functions by the offended
Government, which shall acquaint the other with its motives for having thus
acted; it being understood, however, that the archives and documents rela-
tive to the affairs of the consulate shall be exempt from all search and shall
be carefully preserved under the seals of the consuls, vice consuls, or com-
mercial agents, and of the authority of the place where they may reside.
COMMERCE AND NAVIGATION— JULY 4, .1827 881
The consuls, vice consuls, or commercial agents, or the persons duly author-
ized to supply their places, shall have the right, as such, to sit as judges and
arbitrators in such differences as may arise between the captains and crews
of the vessels belonging to the nation whose interests are committed to their
charge, without the interference of the local authorities, unless the conduct
of the crews or of the captain should disturb the order or tranquillity of the
country, or the said consuls, vice consuls, or commercial agents should require
their assistance to cause their decisions to be carried into effect or supported.
It is, however, understood that this species of judgment or arbitration shall
not deprive the contending parties of the right they have to resort, on their
return, to the judicial authority of their country.
Article 14
The said consuls, vice consuls, or commercial agents are authorized to
require the assistance of the local authorities for the arrest, detention, and
imprisonment of the deserters from the ships of war and merchant vessels
of their country; and for this purpose they shall apply to the competent
tribunals, judges, and officers, and shall in writing demand said deserters,
proving, by the exhibition of the registers of the vessels, the rolls of the crews,
or by other official documents, that such individuals formed part of the
crews, and on this reclamation being thus substantiated, the surrender shall
not be refused.
Such deserters, when arrested, shall be placed at the disposal of the
said consuls, vice consuls, or commercial agents, and may be confined in the
public prisons, at the request and cost of those who claim them, in order to
be sent to the vessels to which they belonged or to others of the same country.
But if not sent back within the space of two months, reckoning from the
day of their arrest, they shall be set at liberty and shall not be again arrested
for the same cause.
It is understood, however, that if the deserter should be found to have
committed any crime or offence, his surrender may be delayed until the tri-
bunal before which the case shall be depending shall have pronounced its
sentence and such sentence shall have been carried into effect.
Article 15
In case any vessel of one of the high contracting parties shall have been
stranded or shipwrecked or shall have suffered any other damage on the
coasts of the dominions of the other, every aid and assistance shall be given
to the persons shipwrecked or in danger, and passports shall be granted to
them to return to their country. The shipwrecked vessels and merchandise,
or their proceeds if the same shall have been sold, shall be restored to their
owners or to those entitled thereto, if claimed within a year and a day, upon
paying such costs of salvage as would be paid by national vessels in the same
882 SWEDEN AND NORWAY
circumstances; and the salvage companies shall not compel the acceptance
of their services, except in the same cases and after the same delays as shall
be granted to the captains and crews of national vessels. Moreover, the respec-
tive Governments will take care that these companies do not commit any
vexatious or arbitrary acts.
Article 16
It is agreed that vessels arriving directly from the United States of America
at a port within the dominions of His Majesty the King of Sweden and
Norway, or from the territories of His said Majesty in Europe, at a port of
the United States, and provided with a bill of health granted by an officer
having competent power to that effect at the port whence such vessels shall
have sailed, setting forth that no malignant or contagious diseases prevailed
in that port, shall be subjected to no other quarantine than such as may
be necessary for the visit of the health officer of the port where such vessels
shall have arrived ; after which said vessels shall be allowed immediately to
enter and unload their cargoes ; provided always, that there shall be on board
no person who, during the voyage, shall have been attacked with any malig-
nant or contagious diseases; that such vessels shall not, during their passage,
have communicated with any vessel liable itself to undergo a quarantine;
and that the country whence they came shall not at that time be so far infected
or suspected that, before their arrival, an ordinance had been issued in conse-
quence of which all vessels coming from that country should be considered
as suspected and consequently subject to quarantine.
Article 17
The second, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth,
thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nine-
teenth, twenty-first, twenty-second, twenty-third, and twenty-fifth articles of
the Treaty of Amity and Commerce concluded at Paris on the third of April,
one thousand seven hundred eighty-three,6 by the Plenipotentiaries of the
United States of America and of His Majesty the King of Sweden, together
with the first, second, fourth, and fifth separate articles signed on the same
day by the same Plenipotentiaries, are revived and made applicable to all the
countries under the dominion of the present high contracting parties and shall
have the same force and value as if they were inserted in the context of the
present treaty; it being understood that the stipulations contained in the
articles above cited shall always be considered as in no manner affecting the
conventions concluded by either party with other nations during the interval
between the expiration of the said treaty of one thousand seven hundred
eighty-three and the revival of said articles by the Treaty of Commerce and
'TS 346, ante, p. 710, SWEDEN.
COMMERCE AND NAVIGATION— JULY 4, 1827 883
Navigation concluded at Stockholm by the present high contracting parties
on the fourth of September, one thousand eight hundred and sixteen.7
Article 18
Considering the remoteness of the respective countries of the two high
contracting parties and the uncertainty resulting therefrom with respect to the
various events which may take place, it is agreed that a merchant vessel
belonging to either of them which may be bound to a port supposed, at the
time of its departure, to be blockaded, shall not, however, be captured or
condemned for having attempted a first time to enter said port, unless it can
be proved that said vessel could and ought to have learned during its voy-
age that the blockade of the place in question still continued. But all vessels
which, after having been warned off once, shall during the same voyage at-
tempt a second time to enter the same blockaded port, during the con-
tinuance of said blockade, shall then subject themselves to be detained and
condemned.
Article 19
The present treaty shall continue in force for ten years, counting from the
day of the exchange of the ratifications; and if, before the expiration of the
first nine years, neither of the high contracting parties shall have announced,
by an official notification to the other, its intention to arrest the operation of
said treaty, it shall remain binding for one year beyond that time, and so on
until the expiration of the twelve months which will follow a similar notifica-
tion, whatever the time at which it may take place.
Article 20
The present treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate, and by His
Majesty the King of Sweden and Norway, and the ratifications shall be ex-
changed at Washington within the space of nine months from the signa-
ture, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed the present
treaty, by duplicates, and have affixed thereto the seals of their arms. Done
at Stockholm the fourth of July in the year of grace one thousand eight hun-
dred and twenty-seven.
J. J. Appleton [seal]
G. COMTE DE WETTERSTEDT [SEAL]
TS 347, ante, p. 868.
884 SWEDEN AND NORWAY
Separate Article
Certain relations of proximity and ancient connections having led to regu-
lations for the importation of the products of the Kingdoms of Sweden and
Norway into the Grand Duchy of Finland, and that of the products of Fin-
land into Sweden and Norway, in vessels of the respective countries, by spe-
cial stipulations of a treaty still in force and whose renewal forms at this
time the subject of a negotiation between the Courts of Sweden and Norway
and Russia, said stipulations being in no manner connected with the existing
regulations for foreign commerce in general, the two high contracting par-
ties, anxious to remove from their commercial relations all kinds of ambiguity
or motives of discussion, have agreed that the eighth, ninth, and tenth articles
of the present treaty shall not be applicable either to the navigation and com-
merce above mentioned, nor, consequently, to the exceptions in the general
tariff of customhouse duties and in the regulations of navigation resulting
therefrom, nor to the special advantages which are or may be granted to the
importation of tallow and candles from Russia, founded upon equivalent
advantages granted by Russia on certain articles of importation from Sweden
and Norway.
The present separate article shall have the same force and value as if it
were inserted word for word in the treaty signed this day, and shall be ratified
at the same time.
In faith whereof we, the undersigned, by virtue of our respective full
powers, have signed the present separate article and affixed thereto the seals
of our arms. Done at Stockholm the fourth of July, one thousand eight hun-
dred and twenty-seven.
J. J. Appleton [seal]
G. Comte de Wetterstedt [seal]
EXTRADITION
Convention signed at Washington March 21, 1860
Senate advice and consent to ratification June 26, 1860
Ratified by Sweden and Norway October 20, 1860
Ratified by the President of the United States December 14, 1860
Ratifications exchanged at Washington December 20, I860
Proclaimed by the President of the United States December 21, 1860
Entered into force December 31, 1860
Terminated, as to Sweden, April 17, 1893 ; x as to Norway, Decem-
ber 8, 1893 2
1 2 Stat. 1125; Treaty Series 349 3
Convention for the Surrender of Criminals, Fugitives from Justice,
in Certain Cases, Concluded between the United States and
His Majesty the King of Sweden and Norway
Whereas it is found expedient, for the better administration of justice and
the prevention of crime within the territories and jurisdiction of the parties,
respectively, that persons committing certain crimes, being fugitives from
justice, should, under certain circumstances, be reciprocally delivered up;
and also to enumerate such crimes explicitly; the United States of America
on the one part, and his Majesty the King of Sweden and Norway on the
other part, having resolved to treat on this subject, have for that purpose
appointed their respective plenipotentiaries to negotiate and conclude a con-
vention, that is to say : The President of the United States of America, Lewis
Cass, Secretary of State of the United States, and his Majesty the King of
Sweden and Norway, Baron Nicholas William de Wetterstedt, Knight of the
Order of the Polar Star and of St. Olaff , Commander of the Order of Danne-
brog of Denmark, his said Majesty's minister resident near the Government of
the United States, who, after reciprocal communication of their respective
powers, have agreed to and signed the following articles:
1 Terminated as between the United States and Sweden Apr. 17, 1893, by treaty of
Jan. 14, 1893 (TS 351, ante, p. 723, SWEDEN), except as to crimes herein enumerated
and committed prior to that day.
'Terminated by treaty of June 7, 1893 (TS 262, ante, vol. 10, p. 445, NORWAY),
except as to crimes therein enumerated and committed prior to that day.
3 For a detailed study of this convention, see 8 Miller 459.
885
886 SWEDEN AND NORWAY
Article I
It is agreed that the high contracting parties shall, upon mutual requisi-
tions by them, their diplomatic or consular agents, respectively made, deliver
up to justice all persons who, being charged with or condemned for any of
the crimes enumerated in the following article, committed within the juris-
diction of either party, shall seek an asylum or shall be found within the terri-
tories of the other: Provided, That this surrender and delivery shall not be
obligatory on either of the high contracting parties except upon presentation
by the other, in original or in verified copy, of the judicial declaration or
sentence establishing the culpability of the fugitive, and issued by the proper
authority of the government who claims the surrender, in case such sentence
or declaration shall have been pronounced : said document to be drawn up
and certified according to the forms prescribed by the laws of the country
making the demand. But if such sentence or declaration shall not have been
pronounced, then the surrender may be demanded and shall be made, when
the demanding party shall have furnished such proof of culpability as would
have been sufficient to justify the apprehension and commitment for trial
of the accused, if the offence had been committed in the country where he
shall have taken refuge.
Article II
Persons shall be so delivered up who shall have been charged with or sen-
tenced for any of the following crimes, to wit: Murder, (including assassina-
tion, parricide, infanticide and poisoning) or attempt to commit murder;
rape; piracy, (including mutiny on board a ship, whenever the crew or part
thereof by fraud or violence against the commander have taken possession
of the vessel) ; arson; robbery and burglary; forgery, and the fabrication or
circulation of counterfeit money, whether coin or paper money ; embezzlement
by public officers, including appropriation of public funds.
Article III
The expenses of any detention and delivery, effected in virtue of the pre-
ceding provisions, shall be borne and defrayed by the party who makes the
requisition and receives the fugitive.
Article IV
Neither of the contracting parties shall be bound to deliver up, under the
stipulations of this convention, any person who, according to the laws of the
country where he shall be found, is a citizen or a subject of the same at the
time his surrender is demanded.
Article V
The provisions of the present convention shall not be applied to any crime
or offence of a political character.
EXTRADITION— MARCH 21, 1860 887
Article VI
Whenever any person, accused of any of the crimes enumerated in this
convention, shall have committed a new crime in the territories of the
State where he has sought an asylum or shall be found, such person shall
not be delivered up under the stipulations of this convention, until he shall
have been tried, and shall have received the punishment due to such new
crime, or shall have been acquitted thereof.
Article VII
This convention shall not take effect until ten days after its publication,
made according to the laws of the respective governments.
It shall remain in force until the end of six months after either of the
high contracting parties shall have given notice to the other of its intention
to terminate the same.
It shall be ratified by the President of the United States, by and with
the advice and consent of the Senate thereof, and by his Majesty the King
of Sweden and Norway, and the ratifications shall be exchanged within ten
months from the date of its signature, or earlier, if possible.
In faith whereof, the respective plenipotentiaries have signed this con-
vention and have hereunto affixed their seals.
Done in duplicate, at Washington, the twenty-first day of March, one
thousand eight hundred and sixty, and the eighty-fourth year of the inde-
pendence of the United States:
Lewis Cass [seal]
N. W. de Wetterstedt [seal]
308-582 — 73 58
NATURALIZATION
Convention and protocol signed at Stockholm May 26, 1869
Senate advice and consent to ratification, with an amendment, Decern-
ber9,18701
Ratified by the President of the United States, with an amendment,
December 17, 1870 1
Ratified by Sweden and Norway June 14, 1871
Ratifications exchanged at Stockholm June 14, 1871
Entered into force June 14, 1871
Senate consent to exchange of ratifications January 8, 1872
Proclaimed by the President of the United States January 12, 1872
1 7 Stat. 809 ; Treaty Series 350
Convention
The President of the United States of America and His Majesty the King
of Sweden and Norway, led by the wish to regulate the citizenship of those
persons who emigrate from the United States of America to Sweden and
Norway and their dependencies and territories, and from Sweden and
Norway to the United States of America, have resolved to treat on this
subject, and have for that purpose appointed Plenipotentiaries to conclude
a convention, that is to say : The President of the United States of America,
Joseph J. Bartlett, Minister Resident; and His Majesty the King of Sweden
and Norway, Count Charles Wachtmeister, Minister of State for Foreign
Affairs; who have agreed to and signed the following articles :
Art. 1 2
Citizens of the United States of America who have resided in Sweden or
Norway for a continuous period of at least five years, and during such resi-
dence have become and are lawfully recognized as citizens of Sweden or
Norway, shall be held by the government of the United States to be Swedish
or Norwegian citizens, and shall be treated as such.
1 The U.S. amendment reads as follows: "Strike out the word 'twelve', where it occurs
in article six, and insert in lieu thereof, the word twenty-four."
The text printed here is the amended text as proclaimed by the President.
2 See also protocol, p. 890.
888
NATURALIZATION— MAY 26, 1869 889
Reciprocally, citizens of Sweden or Norway who have resided in the
United States of America for a continuous period of at least five years,
and during such residence have become naturalized citizens of the United
States, shall be held by the government of Sweden and Norway to be Ameri-
can citizens, and shall be treated as such.
The declaration of an intention to become a citizen of one or the other
country has not for either party the effect of citizenship legally acquired.
Art. II2
A recognized citizen of the one party, on returning to the territory of the
other, remains liable to trial and punishment for an action punishable by the
laws of his original country and committed before his emigration, but not for
the emigration itself, saving always the limitation established by the laws
of his original country and any other remission of liability to punishment.
Art. Ill3
If a citizen of the one party, who has become a recognized citizen of
the other party, takes up his abode once more in his original country and
applies to be restored to his former citizenship, the government of the last-
named country is authorized to receive him again as a citizen, on such
conditions as the said government may think proper.
Art. IV
The convention for the mutual delivery of criminals, fugitives from justice,
in certain cases, concluded between the United States on the one part, and
Sweden and Norway on the other part, the 21st March, I860,4 remains in
force without change.
Art. V
The present convention shall go into effect immediately on the exchange
of ratifications, and shall continue in force for ten years. If neither party
shall have given the other six months' previous notice of its intention then
to terminate the same, it shall further remain in force until the end of twelve
months after either of the contracting parties shall have given notice to the
other of such intention.
Art. VI
The present convention shall be ratified by the President, by and with
the advice and consent of the Senate of the United States, and by His
3 See also protocol, p. 891.
4TS 349, ante, p. 885.
890 SWEDEN AND NORWAY
Majesty the King of Sweden and Norway; and the ratifications shall be
exchanged at Stockholm within twenty-four months from the date hereof.5
In faith whereof the Plenipotentiaries have signed and sealed this
convention.
Stockholm, May 26, 1869.
Joseph J. Bartlett [seal]
C. Wachtmeister [seal]
Protocol
Done at Stockholm, May 26, 1869
The undersigned met to-day to sign the convention agreed upon in
conformity with their respective full powers, relating to the citizenship of
those persons who emigrate from the United States of America to Sweden
and Norway and from Sweden and Norway to the United States of America;
on which occasion the following observations, more exactly defining and
explaining the contents of this convention, were entered in the following
protocol :
I. Relating to the first article of the convention.
It is understood that if a citizen of the United States of America has been
discharged from his American citizenship, or, on the other side, if a Swede
or a Norwegian has been discharged from his Swedish or Norwegian citizen-
ship, in the manner legally prescribed by the government of his original
country, and then in the other country in a rightful and perfectly valid man-
ner acquires citizenship, then an additional five years' residence shall no
longer be required; but a person who has in that manner been recognized
as a citizen of the other country shall, from the moment thereof, be held
and treated as a Swedish or Norwegian citizen, and, reciprocally, as a
citizen of the United States.
II. Relating to the second article of the convention.
If a former Swede or Norwegian, who under the first article is to be
held as an adopted citizen of the United States of America, has emigrated
after he has attained the age when he becomes liable to military service,
and returns again to his original country, it is agreed that he remains liable
to trial and punishment for an action punishable by the laws of his original
country and committed before his emigration, but not for the act of emigra-
tion itself, unless thereby have been committed any punishable action against
Sweden or Norway, or against a Swedish or Norwegian citizen, such as non-
fulfilment of military service, or desertion from the military force or from a
ship, saving always the limitation established by the laws of the original
For a U.S. amendment, see footnote 1, p.
NATURALIZATION— MAY 26, 1869 891
country, and any other remission of liability to punishment ; and that he can
be held to fulfil, according to the laws, his military service, or the remaining
part thereof.
III. Relating to the third article of the convention.
It is further agreed that if a Swede or Norwegian, who has become a
naturalized citizen of the United States, renews his residence in Sweden or
Norway without the intent to return to America, he shall be held by the
government of the United States to have renounced his American citizenship.
The intent not to return to America may be held to exist when the person
so naturalized resides more than two years in Sweden or Norway.
Joseph J. Bartlett [seal]
G. Wachtmeisteb [seal]
Switzerland
DISPOSAL OF PROPERTY
Convention signed at Washington May 18, 1847
Entered into force May 18, 1847
Ratified by Switzerland July 2, 1847
Senate advice and consent to ratification April 26, 1848
Ratified by the President of the United States April 29, 1848
Ratifications exchanged at Washington May 3, 1848
Proclaimed by the President of the United States May 4, 1848
Superseded November 8, 1855, by convention of November 25, 1850 1
9 Stat. 902; Treaty Series 352 2
The President of the United States of America, and the Federal Directory
of the Swiss Confederation, animated by the desire to secure and extend,
by an amicable Convention the relations happily existing between the two
countries, have, to this effect, appointed, as their Plenipotentiaries; to wit —
the President of the United States of America, James Buchanan, Secretary
of State of the United States; and the Federal Directory of the Swiss
Confederation, A. C. Cazenove, Swiss Consul at Alexandria; who after
the exchange of their full powers, found in good and due form, have agreed
upon and signed the following articles —
Article I
The citizens of each one of the high contracting parties shall have power
to dispose of their personal property, within the jurisdiction of the other,
either by testament, donation, or ab intestato, or in any other manner; and
their heirs, being citizens of the other party, shall inherit all such personal
estates, whether by testament, or ab intestato, and they may take possession
of the same, either personally, or by attorney, and dispose of them as they
1 TS 353, post, p. 894.
3 For a detailed study of this convention, see 5 Miller 169.
892
DISPOSAL OF PROPERTY— MAY 18, 1847 893
may think proper, paying, to the respective Governments, no other charges
than those to which the inhabitants of the country in which the said property
shall be found, would be liable in a similar case; and, in the absence of
such heir, or heirs, the same care shall be taken of the property that would
be taken, in the like case, for the preservation of the property of a citizen
of the same country, until the lawful proprietor shall have had time to
take measures for possessing himself of the same, and in case any dispute
should arise between claimants to the same succession, as to the property
thereof, the question shall be decided according to the laws, and by the
Judges, of the country in which the property is situated.
Article II
If, by the death of a person owning real property in the territory of one
of the high contracting parties, such property should descend, either by the
laws of the country, or by testamentary disposition, to a citizen of the other
party, who, on account of his being an alien, could not be permitted to retain
the actual possession of such property, a term of not less than three years
shall be allowed to him to dispose of such property, and to collect and with-
draw the proceeds thereof, without paying to the Government any other
charges than those which, in a similar case, would be paid by an inhabitant
of the country in which such real property may be situated.
Article III
The present Convention shall be in force for the term of twelve years from
the date hereof; and further, until the end of twelve months after the Gov-
ernment of the United States, on the one part, or that of the Swiss Confedera-
tion on the other, shall have given notice of its intention of terminating
the same.
This Convention shall be ratified and the ratifications shall be exchanged,
at Washington, within twelve months after its date, or sooner if possible.
In faith whereof, the respective Plenipotentiaries have signed the present
Convention, and have thereunto fixed their seals.
Done at Washington, this eighteenth day of May, A.D., 1847; and of
the Independence of the United States the Seventy first.
James Buchanan [seal]
Ant Chs Cazenove [seal]
FRIENDSHIP, RECIPROCAL ESTABLISHMENTS,
COMMERCE, AND EXTRADITION
Convention signed at Bern November 25, 1850
Senate advice and consent to ratification, with amendments, March 7,
1851 1
Ratified by the President of the United States, with amendments, March
12, 1851 1
Senate advice and consent to ratification of "new draft", with amend-
ments, May 29, 1854 *
Ratified by Switzerland July 30, 1855
"New draft" ratified by the President of the United States, with amend-
ments, November 6, 1855 1
Ratifications exchanged at Washington November 8, 1855
Entered into force November 8, 1855
Proclaimed by the President of the United States November 9, 1855
Articles VIII to XII, inclusive, terminated March 23, 1900; 2 articles
XIII to XVII, inclusive, superseded March 29, 1901, by treaty of
May 14, 1900 3
1 1 Stat. 587 ; Treaty Series 353
The United States of America and the Swiss Confederation, equally
animated by the desire to preserve and to draw more closely the bonds of
friendship which so happily exist between the two Republics, as well as to
augment, by all the means at their disposal, the commercial intercourse of
their respective citizens, have mutually resolved to conclude a General Con-
vention of Friendship, Reciprocal Establishments, Commerce, and for the
Surrender of Fugitive Criminals.
For this purpose, they have appointed as their Plenipotentiaries, to wit:
The President of the United States, A. Dudley Mann, Special Agent of
the United States on a mission to the Swiss Confederation, and
The Swiss Federal Council, Henry Druey, President of the Swiss Con-
1 For texts of U.S. and Swiss amendments and for a detailed study of this convention,
see 5 Miller 845. The text printed here is the amended text as proclaimed by the President.
3 Pursuant to notice of termination given by the United States Mar. 23, 1899.
3 TS 354, post, p. 904.
894
FRIENDSHIP, COMMERCE, EXTRADITION— NOV. 25, 1850 895
federation, Director of the Political Department, and Frederick Frey-Herosee,
Member of the Federal Council, Director of the Department of Commerce
and of Tolls, who, after a communication of their respective full powers,
have agreed to the following articles :
Article I
The citizens of the United States of America and the citizens of Switzer-
land shall be admitted and treated upon a footing of reciprocal equality
in the two countries, where such admission and treatment shall not conflict
with the Constitutional or legal provisions as well Federal as State and
Cantonal of the contracting parties. The citizens of the United States and
the citizens of Switzerland, as well as the members of their families, subject
to the Constitutional and legal provisions aforesaid, and yielding obedience
to the laws, regulations and usages of the country wherein they reside, shall
be at liberty to come, go, sojourn temporarily, domiciliate or establish them-
selves permanently, the former in the Cantons of the Swiss Confederation,
the Swiss in the States of the American Union, to acquire, possess and alienate
therein property (as is explained in Article V) ; to manage their affairs, to
exercise their profession, their industry and their commerce, to have estab-
lishments, to possess warehouses, to consign their products and their mer-
chandise, and to sell them by wholesale or retail, either by themselves, or by
such brokers or other agents as they may think proper; they shall have free
access to the Tribunals and shall be at liberty to prosecute and defend their
rights before courts of Justice, in the same manner as native citizens, either
by themselves, or by such advocates, attorneys or other agents as they may
think proper to select. No pecuniary or other more burdensome condition
shall be imposed upon their residence or establishment, or upon the enjoy-
ment of the above-mentioned rights than shall be imposed upon citizens of
the country where they reside, nor any condition whatever, to which the
latter shall not be subject.
The foregoing privileges however shall not extend to the exercise of politi-
cal rights nor to a participation in the property of communities, corporations
or institutions of which the citizens of one party, established in the other,
shall not have become members or co-proprietors.
Article II
The citizens of one of the two countries, residing or established in the other,
shall be free from personal military service, but they shall be liable to the
pecuniary or material contributions, which may be required, by way of com-
pensation, from citizens of the country where they reside, who are exempt
from the said service.
No higher impost, under whatever name, shall be exacted from the citizens
of one of the two countries, residing or established in the other, than shall be
896 SWITZERLAND
levied upon citizens of the country in which they reside, nor any contribution
whatsoever to which the latter shall not be liable.
In case of war or of expropriation for purposes of public utility, the citizens
of one of the two countries residing or established in the other shall be placed
upon an equal footing with the citizens of the country in which they reside,
with respect to indemnities for damages they may have sustained.
Article III
The citizens of one of the two Republics, residing or established in the
other, who shall desire to return to their country, or who shall be sent thither
by a judicial decision, by an act of police, or in conformity with the laws and
regulations on morals and mendicity, shall be received at all times and under
all circumstances, they, their wives and their legitimate issue, in the country
to which they belong, and in which they shall have preserved their rights, in
conformity with the laws thereof.
Article IV
In order to establish their character as citizens of the United States of
America or as citizens of Switzerland, persons belonging to the two contract-
ing countries shall be bearers of pass-ports, or of other papers in due form,
certifying their nationality as well as that of the members of their family,
furnished or authenticated by a diplomatic or consular Agent of their nation,
residing in the one of the two countries which they wish to inhabit.
Article V
The citizens of each one of the contracting parties shall have power to dis-
pose of their personal property, within the jurisdiction of the other, by sale,
testament, donation or in any other manner, and their heirs, whether by
testament or ab intestato, or their successors, being citizens of the other party,
shall succeed to the said property or inherit it, and they may take possession
thereof, either by themselves or by others acting for them ; they may dispose
of the same as they may think proper, paying no other charges than those to
which the inhabitants of the country wherein the said property is situated
shall be liable to pay in a similar case. In the absence of such heir, heirs, or
other successors, the same care shall be taken by the authorities, for the preser-
vation of the property, that would be taken for the preservation of the prop-
erty of a native of the same country, until the lawful proprietor shall have had
time to take measures for possessing himself of the same.
The foregoing provisions shall be applicable to real estate, situated within
the States of the American Union or within the Cantons of the Swiss Con-
federation in which foreigners shall be entitled to hold or inherit real estate.
But in case real estate, situated within the territories of one of the contract-
ing parties, should fall to a citizen of the other party, who, on account of his
FRIENDSHIP, COMMERCE, EXTRADITION— NOV. 25, 1850 897
being an alien, could not be permitted to hold such property, in the State or
in the Canton in which it may be situated, there shall be accorded to the said
heir or other successor such term as the laws of the State or Canton will per-
mit to sell such property ; he shall be at liberty at all times to withdraw and
export the proceeds thereof without difficulty and without paying to the Gov-
ernment any other charges than those which, in a similar case would be paid
by an inhabitant of the country in which the real estate may be situated.
Article VI
Any controversy that may arise among the claimants to the same succes-
sion, as to whom the property shall belong, shall be decided according to the
laws and by the Judges of the country in which the property is situated.
Article VII
The contracting parties give to each other the privilege of having, each, in
the large cities and important commercial places of their respective States,
Consuls and Vice-Consuls of their own appointment, who shall enjoy the
same privileges and powers, in the discharge of their duties, as those of the
most favored nations. But before any Consul or Vice-Consul shall act as such,
he shall, in the ordinary form, be approved of by the Government to which
he is commissioned.
In their private and business transactions, Consuls and Vice-Consuls shall
be submitted to the same laws and usages as private individuals, citizens of the
place in which they reside.
It is hereby understood that in case of offense against the laws, by a Consul
or a Vice-Consul, the government to which he is commissioned, may, accord-
ing to circumstances, withdraw his exequatur, send him away from the coun-
try, or have him punished in conformity with the laws, assigning to the other
government its reasons for so doing.
The archives and papers belonging to the Consulates shall be respected
inviolably, and under no pretext whatever shall any magistrate, or other
functionary, visit, seize, or in any way interfere with them.
Article VIII
In all that relates to the importation, exportation and transit of their re-
spective products, the United States of America and the Swiss Confederation
shall treat each other, reciprocally, as the most favored Nation, Union of
Nations, State or Society, as is explained in the following articles.
Article IX
Neither of the contracting parties shall impose any higher or other duties
upon the importation, exportation or transit of the natural or industrial
898 SWITZERLAND
products of the other, than are or shall be payable upon the like articles, being
the produce of any other country, not embraced within its present limits.
Article X
In order the more effectually to attain the object contemplated in article
VIII, each of the contracting parties hereby engages not to grant any favor
in commerce to any Nation, Union of Nations, State, or Society, which
shall not immediately be enjoyed by the other party.
Article XI
Should one of the contracting parties impose differential duties upon the
products of any nation, the other party shall be at liberty to determine the
manner of establishing the origin of its own products, destined to enter the
country by which the differential duties are imposed.
Article XII
The Swiss territory shall remain open to the admission of articles arriving
from the United States of America; in like manner, no port of the said
States shall be closed to articles arriving from Switzerland, provided they
are conveyed in vessels of the United States or in vessels of any country
having free access to the ports of said States. Swiss merchandise arriving
under the flag of the United States or under that of one of the nations
most favored by them, shall pay the same duties as the merchandise of such
nation; under any other flag, it shall be treated as the merchandise of the
country to which the vessel belongs.
In case of ship-wreck and of salvage on the coasts of the United States,
Swiss merchandise shall be respected and treated as that belonging to citizens
of the said States.
The United States consent to extend to Swiss products, arriving or shipped
under their flag, the advantages which are or shall be enjoyed by the prod-
ucts of the most favored nation, arriving or shipped under the same flag.
It is hereby understood that no stipulation of the present article shall in
any manner interfere with those of the four aforegoing articles, nor with
the measures which have been or shall be adopted by either of the contract-
ing countries in the interest of public morality, security or order.
Article XIII
The United States of America and the Swiss Confederation, on requisitions
made in their name through the medium of their respective diplomatic or
consular Agents, shall deliver up to justice persons who, being charged
with the crimes enumerated in the following article, committed within the
jurisdiction of the requiring party, shall seek asylum or shall be found within
the territories of the other: Provided, That this shall be done only when the
FRIENDSHIP, COMMERCE, EXTRADITION— NOV. 25, 1850 899
fact of the commission of the crime shall be so established as to justify
their apprehension and commitment for trial, if the crime had been com-
mitted in the country where the persons, so accused, shall be found.
Article XIV
Persons shall be delivered up, according to the provisions of this Conven-
tion, who shall be charged with any of the following crimes, to wit;
Murder, (including assassination, parricide, infanticide and poisoning;)
Attempt to commit murder;
Rape;
Forgery, or the emission of forged papers ;
Arson ;
Robbery with violence, intimidation, or forcible entry of an inhabited
house ;
Piracy;
Embezzlement by public officers, or by persons hired or salaried, to the
detriment of their employers, when these crimes are subject to infamous
punishment.
Article XV
On the part of the United States the surrender shall be made only by the
authority of the Executive thereof, and on the part of the Swiss Confedera-
tion, by that of the Federal Council.
Article XVI
The expenses of detention and delivery, effected in virtue of the preced-
ing articles, shall be at the cost of the party making the demand.
Article XVII
The provisions of the aforegoing articles, relating to the Surrender of
Fugitive Criminals, shall not apply to offenses committed before the date
hereof, nor to those of a political character.
Article XVIII
The present Convention is concluded for the period of ten years, counting
from the day of the exchange of the ratifications ; and if one year before the
expiration of that period, neither of the contracting parties shall have an-
nounced, by an official notification, its intention, to the other, to arrest the
operations of said Convention, it shall continue binding for twelve months
longer, and so on, from year to year, until the expiration of the twelve months
which will follow a similar declaration, whatever the time at which it may
take place.
900 SWITZERLAND
Article XIX
This Convention shall be submitted, on both sides, to the approval and
ratification of the respective competent authorities of each of the contracting
parties, and the ratifications shall be exchanged at the City of Washington,
as soon as circumstances shall admit.
In faith whereof the respective Plenipotentiaries have signed the above
articles, under reserve of the abovementioned ratifications, both in the Eng-
lish and French languages, and they have thereunto affixed their seals.
Done, in quadruplicate, at the City of Berne, this twenty-fifth day of
November, in the year of our Lord one thousand eight hundred and fifty.
A. Dudley Mann [seal]
H. Druey [seal]
F. Frey-Herosee [seal]
TRADEMARKS
Exchange of notes at Washington April 27 and May 14, 1883
Entered into force May 14, 1883
Treaty Series 47 1
The Swiss Minister to the Secretary of State
Swiss Legation
Washington, April 27, 1883
To the Ministry of Foreign Affairs
Washington
Mr. Secretary of State : The undersigned, Minister of the Swiss Con-
federation, has this day had the honor to receive your note of the 24th instant,
whereby you had the kindness to acquaint him with your views concerning an
exchange of declarations between the United States and the Swiss Confedera-
tion, relative to the mutual protection of trade-marks.
The undersigned sees by the aforesaid note that you would prefer to make
such an arrangement between the United States and Switzerland in the form
of an exchange of notes, inasmuch as that form appears to you to be the most
simple, and the best calculated to avoid the difficulties connected with the
ratification of a declaration or a convention.
The undersigned has the honor to reply that, for his part, he attaches no
special importance to the form of the arrangement, and that he thinks he
may say that his Government likewise favors the method proposed by you.
In fact, the undersigned, by a communication of the 6th of March last, laid
before the Federal Council the text of your note of the 5th of that month,
and, at the same time, he proposed to try an exchange of declarations, which,
as regards the form, would coincide with your views. The Federal Council
having consented thereto by its communication of March 30th, and having
instructed the undersigned, with full powers, to make such an arrangement,
the undersigned thinks that he represents the intentions of his Government
by giving his adhesion to an exchange of notes.
As regards the question whether the principle of reciprocity is embodied in
the Federal law of December 19, 1879, the undersigned has the honor to
invite your attention to the text of Article 7, paragraph 2, of the Federal
Law of December 19, 1879, and also to the contents of the message of the
901
902 SWITZERLAND
Federal Council relative thereto. In the aforesaid paragraph of the law of
December 19, 1879, it is expressly provided that producers and merchants,
whose business is carried on in a state which accords the right of reciprocity
to Swiss citizens, may have their marks registered in the same manner as
Swiss citizens. But one condition is added, viz., that foreigners shall be
obliged to prove that these marks are already protected in the State to which
they belong, the sole object of which reservation is to prevent foreigners
from depositing, with fraudulent intent, under the protection of reciprocity,
marks for which they cannot claim protection in their own country. The
Federal Council, moreover, in its message of October 13, 1879, whereby it
transmitted to the Federal Chambers a bill for the protection of trade-marks,
made the following declaration touching trade-marks: "As regards foreign
trade-marks we are of opinion that Switzerland should stand upon the ground
of reciprocity, and that this is the only position that should be taken by us in
the interest of our industry."
In view of this declaration, the Federal Chambers, in accepting, without
material modification, the aforesaid paragraph 2 of Article 7 of the law in
question, were without doubt actuated by a desire to embody the principle
of full reciprocity in the law.
The undersigned takes the liberty, in conclusion, to ask your attention
to the fact that the confederation has, since the promulgation of the afore-
said law, concluded a convention with various States for the protection of
trade-marks upon the basis of reciprocity; for instance, with Great Britain,
Belgium and the Netherlands; and that the Confederation, previously to the
promulgation of that law, guaranteed, in its commercial treaties with France,
Germany and Italy, protection in Switzerland for their trade-marks to the
citizens or subjects of those States.
The undersigned thinks that he has, by the foregoing, furnished proof
that the Confederation recognizes the principles of reciprocity, as regards
the international protection of trade-marks, as an integral part of its public
law, and that the United States may, with the most perfect confidence, enter
into such an arrangement with the Confederation.
The undersigned gladly awaits a kind reply from you, and he avails him-
self of this occasion to renew to you, Mr. Secretary of State, the assurance
of his very distinguished consideration.
E. Frey
TRADEMARKS— APRIL 27 AND MAY 14, 1883 903
The Acting Secretary of State to the Swiss Minister
Department of State
Washington, May 14, 1883
Colonel Frey,
Etc., etc., etc.
Colonel : I have the honor to acknowledge the receipt of your note of the
27th instant [April 27], concerning the reciprocal privilege of trade-marks
registration in the United States and Switzerland. It gives me much pleasure
to accept your declaration as evidence that the law of Switzerland affords
such a guarantee of reciprocity in the matter as will make the application of
the privileges of the Act of Congress of March 3, 1881,1 to owners of trade-
marks in Switzerland proper and certain.
This exchange of notes accomplishes the end in view, of securing com-
plete reciprocity under the legislation of the respective countries, and I have
therefore communicated your note to the Secretary of the Interior, with this
reply, and requested him to make the necessary regulation for admitting
Swiss trade-marks to all the privileges of registration, which under that act
pertain to the trade-marks of American origin.
Now that the immediate object of our late correspondence on the subject
is attained, permit me to suggest that, with a view to rendering the engage-
ments of this Government with foreign nations as uniform as possible, the
Government would be pleased to conclude and sign with you, a formal trade-
mark convention, similar to that lately concluded with Spain, to which I
have before referred and of which I enclose a printed copy herewith.2 Our
present diplomatic accord will, of course, hold good, until such formal con-
vention can be made effective by ratification and exchange.
Accept, Colonel, etc.,
John Davis
Acting Secretary
*21 Stat. 502.
2 Convention of June 19, 1882 (TS 333, ante, p. 563, SPAIN).
EXTRADITION
Treaty signed at Washington May 14, 1900
Senate advice and consent to ratification, with amendments, June 5,
1900 x
Ratified by Switzerland January 21, 1901
Ratified by the President of the United States, with amendments,
February 25, 1901 1
Ratifications exchanged at Washington February 27 , 1901
Proclaimed by the President of the United States February 28, 1901
Entered into force March 29, 1901
Supplemented by treaties of January 10, 1935, 2 and January 31, 1940 3
31 Stat. 1928; Treaty Series 354
The Government of the United States of America and the Federal Council
of the Swiss Confederation, with a view to the better administration of justice,
have resolved to conclude a new Convention for the extradition of fugitive
criminals, and, for that purpose, have appointed as their Plenipotentiaries,
to wit :
The President of the United States of America: John Hay, Secretary of
State of the United States; the Federal Council of the Swiss Confederation:
J. B. Pioda, Envoy Extraordinary and Minister Plenipotentiary of Switzer-
land to the United States; Who, after communicating to each other their full
powers, which were found in good and due form, have agreed upon the
following Articles :
Article I
The Government of the United States of America and the Swiss Federal
Council bind themselves mutually to surrender such persons as, being
charged with or convicted of any of the crimes or offenses enumerated herein-
after in Article II, committed in the territory of one of the contracting States,
1 The U.S. amendments called for deleting, in art. II, para. 6, the phrase "hired or
salaried" after "or by" and inserting the word "other," and inserting, after the phrase
"consents to it" in the first paragraph of art. IX, the phrase "in open Court, which consent
shall be entered upon the record."
The text printed here is the amended text as proclaimed by the President.
" TS 889, post, p. 924.
3 TS 969, post, p. 938.
904
EXTRADITION— MAY 14, 1900 905
shall be found in the territory of the other State : Provided that this shall be
done by the United States only upon such evidence of criminality as, accord-
ing to the laws of the place where the fugitive or person shall be found, would
justify his apprehension and commitment for trial if the crime or offense had
been there committed. In Switzerland, the surrender shall be made in accord-
ance with the laws in force in that country at the time of the demand.
Neither of the two Governments, however, shall be required to surrender
its own citizens.
Article II 4
Extradition shall be granted for the following crimes and offenses, provided
they are punishable both under the laws of the place of refuge and under
those of the State making the requisition, to wit :
1. Murder, including assassination, parricide, infanticide and poisoning;
voluntary manslaughter.
2. Arson.
3. Robbery; burglary; housebreaking or shop-breaking.5
4. The counterfeiting or forgery of public or private instruments; the
fraudulent use of counterfeited or forged instruments.
5. The forgery, counterfeiting or alteration of coin, paper-money, public
bonds and coupons thereof, bank notes, obligations, or other certificates or
instruments of credit, the emission or circulation of such instruments of credit,
with fraudulent intent; the counterfeiting or forgery of public seals, stamps
or marks, or the fraudulent use of such counterfeited or forged articles.
6. Embezzlement by public officials, or by other persons, to the prejudice
of their employers; larceny; obtaining money or other property by false pre-
tenses; receiving money, valuable securities or other property, knowing the
same to have been embezzled, stolen or fraudulently obtained. The amount
of money or the value of the property obtained or received by means of such
criminal acts, must exceed 1 000 francs.
7. Fraud or breach of trust, committed by a fiduciary, attorney, banker,
administrator of the estate of a third party, or by the president, a member
or an officer of a corporation or association, when the loss involved exceeds
1000 francs.
8. Perjury; subornation of perjury.
9. Abduction; rape; kidnapping of minors; bigamy; abortion.6
10. Wilful and unlawful destruction or obstruction of railroads, endan-
gering human life.
1 1 . Piracy ; wilful acts causing the loss or destruction of a vessel.7
4 For a U.S. amendment of art. II, para. 6, sec footnote 1, p. 904.
5 For a modification of art. II, para. 3, see treaty of Jan. 31, 1940 (TS 969), post, p. 938.
8 For a modification of art. II, para. 9, see ibid.
7 For an addition to list of crimes, see treaty of Jan. 10, 1935 (TS 889) , post, p. 924.
906 SWITZERLAND
Article III
Extradition shall likewise be granted for an attempt to commit, or par-
ticipation in, any of the crimes and offenses enumerated in Article II, pro-
vided such attempt or participation is punishable in the United States as a
felony, and in Switzerland with death, or confinement in a penitentiary or
workhouse.
Article IV
No extradited person shall be tried by a Special Court.
Article V
Demands for the extradition of fugitive criminals shall be made by the
diplomatic representative, or, in his absence, by one of the consular agents
of the State making the requisition.
When the person whose extradition is asked has been sentenced for the
offense which occasioned the demand for extradition, such demand shall be
accompanied by a certified copy of the sentence pronounced ; if the person de-
manded is merely charged with an offense, the demand shall be accompanied
by a duly certified copy of the warrant of arrest issued by the competent
magistrate of the country in which the offense was committed, and by certi-
fied copies of the depositions or other evidence upon the basis of which the
warrant was issued. These documents shall contain an accurate statement of
the offense charged, of the place where and the time when it was commit-
ted. They shall be accompanied by a certified copy of the provisions of law
applicable to the offenses charged, as shown by statute or judicial decision,
and by the evidence necessary to establish the identity of the person de-
manded.
The extradition procedure shall be governed by the regulations in force at
the time of the demand, in the State upon which the demand is made.
Article VI
When it is desired to procure the arrest of a fugitive, by telegraph or
otherwise, before the regular papers have been presented, the procedure in
the United States shall be to apply to a Judge or Magistrate authorized to is-
sue warrants of arrest in extradition cases, and to present a complaint on
oath, as provided by the laws of the United States.
To procure the provisional arrest of a fugitive in Switzerland, the diplo-
matic representative or a consular agent of the United States shall apply to
the President of the Confederation who will order the necessary steps to be
taken.
The provisional detention of a fugitive shall cease, and the person ar-
rested shall be released, if a formal demand for extradition, accompanied by
the necessary papers, is not presented, in the manner provided in the present
Treaty, within two months after the day of arrest.
EXTRADITION— MAY 14, 1900 907
Article VII
Extradition shall not be granted for political crimes or offenses. No per-
son surrendered under the present Treaty, for a common crime, shall be
prosecuted or punished for a political offense committed before his
extradition.
If the question arises in a particular case, whether the offense committed
is or is not of a political character, the Authorities of the State upon which
the demand is made shall decide.
Article VIII
Extradition shall not be granted when, under the laws of the State upon
which the requisition is made, or under those of the State making the requisi-
tion, the criminal prosecution or penalty imposed is barred by limitation.
Article IX 8
No person surrendered by either of the Contracting States to the other
shall be prosecuted or punished for any offense committed before the demand
for extradition, other than that for which the extradition is granted, unless he
expressly consents to it in open Court, which consent shall be entered upon
the record, or unless, having been at liberty during one month after his final
release to leave the territory of the State making the demand, he has failed
to make use of such liberty.
The State to which a person has been surrendered shall not surrender him
to a third State, unless the provisions contained in the first paragraph of the
present Article have been fulfilled.
Article X
When the person whose extradition is demanded is prosecuted, or has been
convicted, in the State of refuge, for another offense, the extradition may be
postponed until the close of the criminal prosecution or the expiration of the
penalty.
Article XI
If the extradition of the person demanded by either of the two contracting
States is likewise demanded by one or more other States, for offenses commit-
ted by the said person in the territory, preference shall be given to the State
whose requisition is based upon the most serious offense, unless the State upon
which the requisition is made is bound by Treaty to give preference to
another.
If the offenses are of equal gravity, the demand first presented shall have
preference, unless the State upon which the requisition is made is bound by
Treaty to give preference to another State.
8 For a U.S. amendment of art. IX, see footnote 1, p. 904.
908 SWITZERLAND
Article XII
All articles seized which are in the possession of the person demanded, at
the time of his arrest, shall, at the time of the extradition be delivered up with
his person, and such delivery shall extend, not only to articles acquired by
means of the offense with which the accused is charged, but to all other
articles that may serve to prove the offense.
The rights of third parties to the articles in question shall, however, be duly
respected.
Article XIII
The expenses incurred in the arrest, detention, examination and sur-
render of the fugitive shall be borne by the State making the demand. The
State making the demand shall not, however, be charged for the services
of such officials of the Government upon which the demand is made, as
receive a fixed salary; for the services of officials receiving only fees, no
higher fees shall be charged than those to which such officials are entitled
under the laws of the country for services rendered in ordinary criminal cases.
Article XIV
The present Treaty shall go into effect thirty days after the exchange of
ratifications. This Treaty repeals Articles XIII, XIV, XV, XVI and XVII
of the Treaty of November 25, 1850, between the Swiss Confedera-
tion and the United States of America; and the provisions in those Articles
shall henceforward apply only to demands for extradition pending at the
time when the present Treaty goes into effect.
The ratifications shall be exchanged at Washington as soon as possible.
After the denunciation of this Treaty by either of the Contracting Govern-
ments, the Treaty shall still remain in force for six months after the day of
the denunciation.
In witness whereof, the respective Plenipotentiaries have signed the fore-
going Articles, and have affixed their seals.
Done in duplicate at Washington, in the English and French languages,
the 14th day of May, 1900.
John Hay [seal]
J. B. Pioda [seal]
RECIPROCAL BENEFITS UNDER PATENT LAWS
Exchange of notes at Bern J anuary 17 and 28, 1908
Entered into force January 28, 1908
Department of State files
The American Minister to the President of the Swiss Confederation
American Legation
Berne, 17 January 1908
His Excellency
Mr. Brenner
President of the Swiss Confederation
Berne
Sir:
Respectfully referring to the new Swiss Patent Law which became effec-
tive on December 1, 1907, and which, in its article 18, contains a provision
for the annulment of patents for failure to utilize them adequately in Switzer-
land within three years, and also provides for the setting aside of such pro-
vision in favor of States granting reciprocal right, I have the honor to inform
Your Excellency that I am instructed by my Government to declare : "That
under the Patent Laws of the United States no patent may be annulled
for failure to put the invention covered thereby into practice".
In communicating to Your Excellency the above declaration, I respect-
fully request that the reciprocal benefit referred to in article 18 of the new
Swiss Patent Law be granted to the citizens of the United States.
I take this occasion to renew to Your Excellency the assurance of my
highest consideration.
Brutus J. Clay
American Minister
The Swiss Federal Council to the American Minister
[translation]
Berne, 28th January 1908
Mr. Minister:
By a note of the 17th instant, Your Excellency communicated to us a
declaration from Your Government stating that, according to the Patent
909
910 SWITZERLAND
laws of the United States of America no patent may be annulled owing to
the failure to put into practice a patented invention. In view of this declara-
tion, we have the honor to inform You that, in accordance with article 18,
2nd paragraph, of the Federal Patent Law of June 21, 1907, we declare
the dispositions of the 1st paragraph of article 18 inapplicable as regards
the United States of America, with the understanding that the execution
of an invention in the United States is equivalent to its execution in
Switzerland.
We are greatly obliged to Your Excellency if you will inform Your Gov
ernment of this decision.
Please accept, Mr. Minister, etc., etc., etc.
In the name of the Swiss Federal Council,
The President of the Confederation:
Brenner
The Chancellor of the Confederation:
Ringier
His Excellency
Mr. Brutus J. Clay
Envoy Extraordinary and Minister Plenipotentiary of the
United States of America
Berne
ARBITRATION
Convention signed at Washington February 29, 1908
Senate advice and consent to ratification March 6, 1908
Ratified by the President of the United States May 29, 1908
Ratified by Switzerland October 13, 1908
Ratifications exchanged at Washington December 23, 1908
Entered into force December 23, 1908
Proclaimed by the President of the United States December 23, 1908
Extended by agreement of November 3, 1913 1
Expired December 23, 1918
35 Stat. 2088 ; Treaty Series 515
The Government of the United States of America and the Government
of the Swiss Confederation, signatories of the Convention for the pacific
settlement of international disputes, concluded at The Hague on the 29th
July, 1899; 2
Taking into consideration that by Article XIX of that Convention the
High Contracting Parties have reserved to themselves the right of conclud-
ing Agreements, with a view to referring to arbitration all questions which
they shall consider possible to submit to such treatment;
Have authorized the Undersigned to conclude the following arrangement:
Article I
Differences which may arise of a legal nature, or relating to the interpreta-
tion of treaties existing between the two Contracting Parties, and which it
may not have been possible to settle by diplomacy, shall be referred to the
Permanent Court of Arbitration established at The Hague by the Conven-
tion of the 29th July, 1899, provided, nevertheless, that they do not affect
the vital interests, the independence, or the honor of the two Contracting
States, and do not concern the interests of third Parties.
Article II
In each individual case the High Contracting Parties, before appealing
to the Permanent Court of Arbitration, shall conclude a special Agreement
1 TS 590, /wf, p. 913.
a TS 392, ante, vol. 1, p. 230.
911
308-582— <73 59
912 SWITZERLAND
defining clearly the matter in dispute, the scope of the powers of the Ar-
bitrators, and the periods to be fixed for the formation of the Arbitral
Tribunal and the several stages of the procedure. It is understood that such
special agreements on the part of the United States will be made by the
President of the United States, by and with the advice and consent of the
Senate thereof, and on the part of Switzerland, by the Federal Council
of the Swiss Confederation, with the advice and consent of the Federal
Assembly.
Article III
The present Convention is concluded for a period of five years, dating
from the day of the exchange of the ratifications.
Article IV
The present Convention shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof;
and by the Government of the Swiss Confederation in accordance with
its constitution and laws.
The ratifications of this Convention shall be exchanged at Washington
as soon as possible, and it shall take effect on the date of the exchange of
its ratifications.
Done in duplicate in the English and French languages, at Washington,
this twenty-ninth day of February, in the year 1908.
Elihu Root [seal]
L. Vogel [seal]
ARBITRATION
Agreement signed at Washington November 3, 1913, extending con-
vention of February 29, 1908
Senate advice and consent to ratification February 21 , 1914
Ratified by Switzerland March 10, 1914
Ratified by the President of the United States March 23, 1914
Ratifications exchanged at Washington April 27, 1914
Entered into force April 27, 1914
Proclaimed by the President of the United States April 28, 1914
Expired December 23, 1918
38 Stat. 1 773 ; Treaty Series 590
Agreement Extending the Duration of the Arbitration
Convention of February 29, 1908
The Government of the United States of America and the Government
of the Swiss Confederation, being desirous of extending the period of five
years during which the Arbitration Convention concluded between them
on February 29, 1908,1 is to remain in force, which period expires on
December 23, 1913, have authorized the undersigned, to wit: William
Jennings Bryan, Secretary of State of the United States, and Ernest Bau-
mann, Charge d' Affaires of the Swiss Confederation to the United States,
to conclude the following agreement:
Article I
The Convention of Arbitration of February 29, 1908, between the Gov-
ernment of the United States of America and the Government of the
Swiss Confederation, the duration of which by Article III thereof was fixed
at a period of five years from the day of the exchange of the ratifications,
which period will terminate on December 23, 1913, is hereby extended and
continued in force for a further period of five years from December 23,
1913.
Article II
The present agreement shall be ratified by the President of the United
States of America, by and with the advice and consent of the Senate thereof,
'TS 515, ante, p. 911.
913
914 SWITZERLAND
and by the Federal Council of the Swiss Confederation, conforming to the
constitution and the laws of Switzerland, and it shall become effective upon
the date of the exchange of ratifications, which shall take place at Wash-
ington as soon as possible.
Done in duplicate, in the English and French languages, at Washington
this 3rd day of November one thousand nine hundred and thirteen.
William Jennings Bryan [seal]
Ernest Baumann [seal]
WAIVER OF VISAS AND VISA FEES
FOR NONIMMIGRANTS
Exchange of notes at Bern May 11, 1925
Entered into force May 1 1, 1925; operative June 1, 1925
Department of State files
The American Minister to the Chief of the Federal Political Department
Legation of the
United States of America
no. 108 Berne, M ay 11, 1925
Excellency :
Pursuant to instructions from my Government, I have the honor to inform
Your Excellency that the Government of the United States will, from the first
of June, 1925, collect no fee for visaing passports or executing applications
therefor in the case of citizens or subjects of Switzerland desiring to visit the
United States who are not "immigrants" as defined in the Immigration Act
of the United States of 1924; * namely,
(1) A government official, his family, attendants, servants, and
employees ;
( 2 ) An alien visiting the United States temporarily as a tourist or tempo-
rarily for business or pleasure ;
(3) An alien in continuous transit through the United States;
(4) An alien lawfully admitted to the United States who later goes in
transit from one part of the United States to another through foreign con-
tiguous territory;
( 5 ) A bona fide alien seaman serving as such on a vessel arriving at a port
of the United States and seeking to enter temporarily the United States solely
in the pursuit of his calling as a seaman ;
( 6 ) An alien entitled to enter the United States solely to carry on trade
under and in pursuance of the provisions of a present existing treaty of com-
merce and navigation;
and from the same date the Government of Switzerland will not require non-
43 Stat 153.
915
916 SWITZERLAND
immigrant citizens of the United States of like classes desiring to visit Switzer-
land to present visaed passports.
I avail myself of this opportunity to renew to Your Excellency the assurance
of my highest consideration.
Hugh Gibson
His Excellency
Monsieur Giuseppe Motta
Chief of the Federal Political Department
Berne
The Chief of the Federal Political Department to the American Minister
[translation]
FEDERAL POLITICAL DEPARTMENT
DIVISION FOR FOREIGN AFFAIRS
b 44/2 Am.-LF Berne, May 11, 1925
Mr. Minister:
In your note of the 1 1th of this month, Your Excellency was so kind as to
inform us that the Government of the United States had decided, from the
first of June next, to collect no fee for visaing passports or executing applica-
tions therefor in the case of Swiss citizens or subjects desiring to go to the
United States and who are not considered as "immigrants" as defined in the
Immigration Act of 1924, namely:
[For text of definition, see numbered paragraphs in U.S. note, above.]
We have the honor to inform Your Excellency that the Federal Govern-
ment undertakes, for its part, to give to citizens and subjects of the United
States, belonging to the classes of travelers above cited, desiring to come to
Switzerland, the benefit of the like advantages.
In addition, we wish to assure Your Excellency that the present arrange-
ment will cause no modification of the more extensive facilities which have
been granted unilaterally by Switzerland in the same premises to citizens and
subjects of the United States.
Please accept, Mr. Minister, the assurance of our high consideration.
Federal Political Department
Motta
His Excellency
Mr. Hugh S. Gibson
American Minister
Berne
NARCOTIC DRUGS
Exchange of notes at Bern November 15 and 16, 1929
Entered into force November 16, 1929
Department of State files
The American Charge d' Affaires ad interim to the Chief of the Federal
Political Department
Berne, November 15, 1929
Excellency:
Referring to the Aide Memoire which the Minister left at the Political De-
partment on December 24, 1927, I have the honor to inquire whether the
Federal Council is disposed to accept the arrangement proposed by the
Government of the United States of America concerning the direct exchange
between American authorities and Swiss authorities of information and evi-
dence regarding the illicit traffic in narcotics, namely,
1 . The direct exchange between the American Treasury Department at
Washington and the Federal Office of Public Hygiene at Berne of informa-
tion and evidence with reference to persons engaged in the illicit traffic in
narcotics (photographs, extracts of criminal records, finger prints, anthropo-
metric records) , as well as communication between the two offices of descrip-
tions of methods employed by the persons in question, of the places from
which they have operated, and, when available, the names of their
accomplices.
2. The immediate and direct forwarding of information by letter or cable
as to the suspected movements of narcotic drugs or of those involved in
smuggling such drugs, if such shipments might concern the other country.
3. The competent authorities of the two countries will mutually collabo-
rate in investigations or examinations.
Correspondence and telegrams concerning these exchanges shall be ad-
dressed by the American Treasury Department to the Federal Office of Pub-
lic Hygiene; the Federal Office of Public Hygiene for its part shall address
itself for the same purposes to Colonel L. G. Nutt, an official of the Treasury
Department, whose address is the following: "Deputy Commissioner, Treas-
ury Department, Washington, D.C."
917
918 SWITZERLAND
I avail myself of the occasion to renew to Your Excellency the assurance
of my highest consideration.
Pierre pont Moffat
Pierrepont Moffat
American Charge d' Affaires ad interim
His Excellency
M. Giuseppe Motta
Chief of the Federal Political Department
Berne
The Chief of the Federal Political Department to the American Charge"
d' Affaires ad interim
[TRANSLATION]
FEDERAL POLITICAL DEPARTMENT
DIVISION OF FOREIGN AFFAIRS
b.56.i9.2.2-uf Berne, November 16, 1929
Mr. Charge d'affaires,
With reference to your note of November 15th and to the aide-memoire
which His Excellency Mr. Wilson addressed to us under date of December 24,
1927, we have the honor to inform you that the Federal Council accepts the
arrangement proposed by the Government of the United States of America
concerning the direct exchange between the Swiss and American authori-
ties of information and evidence relating to the illicit traffic in narcotic drugs,
to wit:
1. The direct exchange between the Federal Office of Public Hygiene
at Berne and the American Treasury Department at Washington of infor-
mation and evidence with reference to persons engaged in the illicit traffic
in narcotics (photographs, extracts of criminal records, finger prints, an-
thropometric records), as well as communication between the two offices
of descriptions of methods employed by the persons in question, of the places
from which they have operated, and, when available, the names of their
accomplices.
2. The immediate and direct forwarding of information by letter or
cable as to the suspected movements of narcotic drugs or of those involved
in smuggling such drugs, if such shipments might concern the other country.
3. The competent authorities of the two countries will mutually col-
laborate in investigations or examinations.
Correspondence and telegrams concerning these exchanges shall be ad-
dressed by the American Treasury Department to the Federal Office of
Public Hygiene; the Federal Office of Public Hygiene for its part shall
NARCOTIC DRUGS— NOVEMBER 15 AND 16, 1929 919
address itself for the same purposes to Colonel L. G. Nutt, an official of the
Treasury Department, whose address is the following :
"Deputy Commissioner, Treasury Department,
Washington, D.C."
Please accept, Mr. Charge d' Affaires, the assurance of our distinguished
consideration.
Federal Political Department
Motta
Mr. Pierrepont Moffat
Charge d' Affaires of the United States of America
Berne
308-582—73 60
ARBITRATION AND CONCILIATION
Treaty signed at Washington February 16, 1931
Senate advice and consent to ratification April 29, 1932
Ratified by Switzerland May 4, 1932
Ratified by the President of the United States May 9, 1932
Ratifications exchanged at Washington May 23, 1932
Entered into force May 23, 1932
Proclaimed by the President of the United States May 25, 1932
47 Stat. 1983 ; Treat)- Series 844
The President of the United States of America and the Swiss Federal
Council
Mindful of the obligations, which have been assumed by the United States
of America and Switzerland, that the settlement of all disputes of whatever
nature or of whatever origin, which may arise between them, shall never
be sought except by pacific means ; desirous moreover of reaffirming the ad-
herence of the two countries to the principle of submitting to impartial
decision all juridical controversies in which they may become involved;
and eager to demonstrate the sincerity of the renunciation of war as an
instrument of national policy in the relations between the United States
of America and Switzerland,
Have decided to conclude a treaty of arbitration and conciliation and for
that purpose have appointed as their respective Plenipotentiaries :
The President of the United States of America :
Henry L. Stimson, Secretary of State of the United States of America; and
The Swiss Federal Council :
Marc Peter, Envoy Extraordinary and Minister Plenipotentiary of Switzer-
land to the United States of America ;
Who, having communicated to one another their full powers found in
good and due form, have agreed upon the following articles :
Article I
Every dispute arising between the Contracting Parties, of whatever nature
it may be, shall, when ordinary diplomatic proceedings have failed, be sub-
920
ARBITRATION AND CONCILIATION— FEBRUARY 16, 1931 921
mitted to arbitration or to conciliation, as the Contracting Parties may at
the time decide.
Article II
Any dispute which has not been settled by diplomacy and in regard to
which the Contracting Parties do not in fact have recourse to adjudication
by an arbitral tribunal shall be submitted for investigation and report to
a Permanent Commission of Conciliation constituted in the manner here-
inafter prescribed.
Article III
The Permanent Commission of Conciliation shall be composed of five
members and shall be constituted as soon as possible after the exchange
of ratifications of this Treaty. Each of the Contracting Parties shall appoint
two members, one from among its own nationals, the other from among
the nationals of a third State. The Contracting Parties will, in common ac-
cord, appoint the fifth member, who shall not be one of their nationals, and
who shall be ex officio the President of the Commission. If no agreement
is reached as to the choice of the President of the Commission his election
shall be conducted in accordance with the method prescribed in the fourth,
fifth and sixth paragraphs of Article 45 of the Convention for the Pacific
Settlement of International Disputes, concluded at The Hague on October 18,
1907.1
At any time when there is no case before the Commission, either of the
Contracting Parties may recall a member of the Commission appointed by
it and may designate his successor. The recall of the President of the Com-
mission will be effected at any such time on the request of either Contracting
Party, provided that if the President shall have been elected in accordance
with the method prescribed in the fourth, fifth and sixth paragraphs of
Article 45 of the Convention for the Pacific Settlement of International
Disputes, concluded at The Hague on October 18, 1907, no request for his
recall may be made within a period of two years from the date of his election.
Vacancies, from whatever cause, shall be filled as soon as possible in the
manner hereinabove provided for the making of original appointments.
Members of the Commission shall receive an adequate honorarium during
the time when they are engaged in the performance of duties relating to a
case before them. Each of the Contracting Parties will bear its own ex-
penses and one-half of the expenses of the Commission.
Article IV
After the Contracting Parties shall have agreed to submit a dispute to
conciliation, the Commission shall proceed to the consideration of such
dispute upon a request sent to its President by either of them.
1 TS 536, ante, vol. 1, p. 577.
922 SWITZERLAND
The Commission shall meet, in the absence of an agreement otherwise,
at the place designated by its President.
The Commission may frame its own rules of procedure. In the absence
of such rules it shall follow in so far as practicable the procedure set forth
in Articles 18 to 34, inclusive, of the Convention for the Pacific Settlement
of International Disputes concluded at The Hague, October 18, 1907.
The Commission shall submit its report within one year after the date
on which the case shall have been submitted to it, unless the Contracting
Parties should, in common accord, shorten or extend the time limit. The
report shall be prepared in triplicate, one copy shall be presented to each
Government and the third retained by the Commission for its files.
The Contracting Parties agree to furnish the Commission with all the
means and facilities required for its investigation and report.
The Contracting Parties reserve the right to act independendy on the
subject matter of the dispute after the report of the Commission shall have
been submitted.
Article V
The Contracting Parties bind themselves to submit to arbitration every
difference which may have arisen or may arise between them by virtue of
a claim of right, which is juridical in its nature, provided that it has not
been possible to adjust such difference by diplomacy and it has not in fact
been adjusted as a result of reference to the Permanent Commission of
Conciliation constituted pursuant to Articles II and III of this Treaty.
Article VI
The provisions of Article V shall not be invoked in respect of any difference
the subject matter of which
(a) is within the domestic jurisdiction of either of the Contracting
Parties,
( b ) involves the interests of third Parties,
(c) depends upon or involves the maintenance of the traditional atti-
tude of the United States of America concerning American questions, com-
monly described as the Monroe Doctrine,
(d) depends upon or involves the observance of the obligations of Swit-
zerland in accordance with the Covenant of the League of Nations.2
Article VII
The tribunal to which juridical differences shall be submitted shall be
determined in each case by the Contracting Parties but shall, in the absence
of other agreement, be the Permanent Court of Arbitration established at
The Hague by the Convention for the Pacific Settlement of International
' Ante, vol. 2, p. 48.
ARBITRATION AND CONCILIATION— FEBRUARY 16, 1931 923
Disputes concluded October 18, 1907. Decision as to the tribunal shall be
made in each case by a special agreement, which special agreement shall pro-
vide for the organization of the tribunal if necessary, shall define its powers,
shall state the question or questions at issue and shall settle the terms of
reference.
Such special agreement shall, in each case, be made on the part of the
United States of America by the President thereof, by and with the advice
and consent of the Senate, and on the part of Switzerland in accordance with
its constitutional law.
Article VIII
The present treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate thereof and by
Switzerland in accordance with its constitutional law.
The ratifications shall be exchanged at Washington as soon as possible, and
the treaty shall come into force on the day of the exchange of the ratifications.
It shall thereafter remain in force continuously unless and until terminated
on notice of one year by either Contracting Party to the other.
In faith whereof the respective Plenipotentiaries have signed this treaty in
duplicate in the English and French languages, both texts having equal force,
and have hereunto affixed their seals.
Done at Washington the sixteenth day of February in the year one thou-
sand nine hundred and thirty-one.
Henry L. Stimson [seal]
Marc Peter [seal]
EXTRADITION
Treaty signed at Washington January 10, 1935, supplementing treaty
of May 14, 1900
Senate advice and consent to ratification February 6, 1935
Ratified by the President of the United States March 13, 1935
Ratified by Switzerland April 27, 1935
Ratifications exchanged at Washington May 16, 1935
Entered into force May 16, 1935
Proclaimed by the President of the United States May 17, 1935
49 Stat. 3192; Treaty Series 889
The President of the United States of America and the Swiss Federal
Council, animated by the desire of assuring a better administration of justice
and suppressing crime on their territory and under their jurisdiction, have
resolved to conclude an additional treaty enlarging the list of the crimes or
offenses which are extraditable under the treaty concluded, May 14, 1900,1
between the United States of America and Switzerland and have named as
their Plenipotentiaries:
The President of the United States of America : Mr. Cordell Hull, Secre-
tary of State of the United States of America;
The Swiss Federal Council: Mr. Marc Peter, Envoy Extraordinary and
Minister Plenipotentiary of the Swiss Confederation to the United States of
America;
Who, after having exchanged their full powers, which were found to be
in good and due form, have agreed upon the following articles :
Article I
The following crimes or offenses shall be added to the list of the crimes or
offenses for which extradition may be granted, enumerated under Numbers 1
to 11 in Article II of the said treaty of May 14, 1900, to wit:
12. Fraudulent bankruptcy.
13. Intentional violation of the laws relative to narcotics provided such
1 TS 354, ante, p. 904.
924
EXTRADITION— JANUARY 10, 1935 925
violation carries in Switzerland a penalty of one year's imprisonment or a
more severe penalty, and that in the United States of America such violation
is punishable as a felony.
Article II
This treaty shall be considered as an integral part of the treaty of May 14,
1900, and Article II of the latter treaty shall be read as if the list of the crimes
or offenses which appear therein had from the first included the crimes or
offenses which are added and specified under numbers 12 and 13 in Article I
of this treaty.
This treaty shall be ratified by the High Contracting Parties and shall be-
come effective on the date of the exchange of the instruments of ratification,
which shall take place at Washington as soon as possible.
In witness whereof, the above-named Plenipotentiaries have signed
this treaty and have hereunto affixed their seals.
Done at Washington, in duplicate, in the English and French languages,
the 10th day of January, 1935.
Cordell Hull [seal]
Marc Peter [seal]
RECIPROCAL TRADE
Agreement signed at Washington January 9, 1936, with declaration
relating to exportation of Swiss watches 1
Approved and confirmed by the President of the United States Janu-
ary 9, 1936
Ratified by Switzerland April 28, 1936
Instrument of approval and confirmation and instrument of ratification
exchanged at Bern May 7, 1936
Proclaimed by the President of the United States May 7, 1936
Entered into force June 6, 1936; articles I-XVII, inclusive, operative
from February 15, 1936
Supplemented and modified by agreements of September 19, October 4,
and November 5 and 14, 1940; 2 October 13, 1950; 3 June 8,
1955; 4 December 30, 1959; 5 March 29, 1960; 6 January 18 and
December 20 and 28, 1962; 7 and July 10 and 11, 1963 8
Terminated December 31, 1968, by agreement of October 28, 1968 fl
49 Stat. 3917; Executive Agreement Series 90
Agreement
The President of the United States of America and the Swiss Federal
Council, being desirous of facilitating and extending the commercial relations
existing between the United States of America and Switzerland by granting
mutual and reciprocal concessions and advantages for the promotion of
trade, have through their respective Plenipotentiaries arrived at the following
Agreement:
Article I
Articles the growth, produce or manufacture of the United States of
America enumerated and described in Section A of Schedule 1 1 annexed
1 For schedules annexed to agreement, see 49 Stat. 3930 or p. 16 of EAS 90.
"EAS 193, post, p. 940.
*2 UST 453; TIAS 2188.
'6 UST 2845; TIAS 3328.
MO UST 2087; TIAS 4379.
Ml UST 284; TIAS 4447.
M3 UST 3890; TIAS 5264.
M4 UST 1036; TIAS 5400.
M 9 UST 6210; TIAS 6574.
926
RECIPROCAL TRADE— JANUARY 9, 1936 927
to this Agreement shall, on their importation into the customs territory of
Switzerland, be exempt from ordinary customs duties in excess of those set
forth in the said Section. The said articles shall also be exempt from all other
duties, taxes, fees, charges or exactions, imposed on or in connection with
importation, in excess of those imposed on the day of the signature of this
Agreement or required to be imposed thereafter under laws of Switzerland
in force on the day of the signature of this Agreement.
With respect to articles enumerated and described in Section B of Schedule
I for which import quotas are specified in the said Section, the quantities
of such articles originating in the United States of America which shall be
permitted to be imported annually into the customs territory of Switzerland,
beginning with the day on which this Agreement comes into force, shall
not be less than those specified in the said Section.
Article II
Articles the growth, produce or manufacture of Switzerland enumerated
and described in Schedule II annexed to this Agreement shall, on their
importation into the United States of America, be exempt from ordinary cus-
toms duties in excess of those set forth and provided for in the said Schedule.
The said articles shall also be exempt from all other duties, taxes, fees, charges
or exactions, imposed on or in connection with importation, in excess of
those imposed on the day of the signature of this Agreement or required to
be imposed thereafter under laws of the United States of America in force on
the day of the signature of this Agreement.
Article III
The provisions of Articles I and II of this Agreement shall not prevent
the Government of either country from imposing at any time on the impor-
tation of any article a charge equivalent to an internal tax imposed in respect
of a like domestic article or in respect of a commodity from which the im-
ported article has been manufactured or produced in whole or in part.
Article IV
Schedules I and II annexed to this Agreement, the notes included in them,
and the Declaration annexed to this Agreement shall have force and effect
as integral parts of this Agreement.
Article V
In respect of articles the growth, produce or manufacture of the United
States of America or of Switzerland, enumerated and described in Sched-
ules I and II, respectively, imported into the other country, on which ad
valorem rates of duty, or duties based upon or regulated in any manner by
value, are or may be assessed, it is understood and agreed that the bases
928 SWITZERLAND
and methods of determining dutiable value and of converting currencies shall
be no less favorable to importers than the bases and methods prescribed under
laws and regulations of Switzerland and the United States of America,
respectively, in force on the day of the signature of this Agreement.
Article VI
Except as otherwise provided in this Agreement, no prohibitions, import
or customs quotas, import licenses, or any other form of quantitative regula-
tion, whether or not operated in connection with any agency of centralized
control, shall be imposed by Switzerland on the importation or sale of any
article the growth, produce or manufacture of the United States of America
enumerated and described in Section A of Schedule I, nor by the United
States of America on the importation or sale of any article the growth, pro-
duce or manufacture of Switzerland enumerated and described in Schedule
II.
The foregoing provision shall not apply to quantitative restrictions in what-
ever form imposed by the United States of America or Switzerland on the
importation or sale of any article the growth, produce or manufacture of
the other country in conjunction with governmental measures operating to
regulate or control the production, market supply, or prices of like domestic
articles, or tending to increase the labor costs of production of such articles.
The Government of the country imposing any such restriction will give sym-
pathetic consideration to any representations which the Government of the
other country may make in regard thereto and will consult promptly with
the Government of such other country with respect to the subject matter of
such representations ; and if an agreement with respect thereto is not reached
within thirty days following the receipt of written representations, the Gov-
ernment making them shall be free, within fifteen days after the expiration
of the aforesaid period of thirty days, to terminate this Agreement in its
entirety on thirty days' written notice.
Article VII
1. If the Government of the United States of America or Switzerland
establishes or maintains any form of quantitative restriction or control of
the importation or sale of any article in which the other country has an
interest, or imposes a lower import duty or charge on the importation
or sale of a specified quantity of any such article than the duty or charge
imposed on importations in excess of such quantity, the Government taking
such action shall:
(a) upon request inform the Government of the other country as to
the total quantity, or any change therein, of any such article permitted to
be imported or sold or permitted to be imported or sold at such lower duty
or charge, during a specified period; and
RECIPROCAL TRADE— JANUARY 9, 1936 929
(b) allot to the other country for such specified period a share of such
total quantity as originally established or subsequently changed in any man-
ner equivalent to the proportion of the total importation of such article which
such other country supplied during a previous representative period, unless
it is mutually agreed to dispense with such allotment.
2. Neither the United States of America nor Switzerland shall regulate
the total quantity of importations into its territory or sales therein of any
article in which the other country has an interest, by import licenses or permits
issued to individuals or organizations, unless the total quantity of such article
permitted to be imported or sold, during a quota period of not less than three
months, shall have been established. The Government of each country will,
upon request, inform the Government of the other country of the total quan-
tity of any such article permitted to be imported and of the regulations
covering the issuance of such licenses or permits.
Article VIII
In the event that the United States of America or Switzerland establishes
or maintains a monopoly for the importation, production or sale of an article
or grants exclusive privileges, formally or in effect, to one or more agencies
to import, produce or sell an article, the Government of the country estab-
lishing or maintaining such monopoly, or granting such monopoly privileges,
agrees that in respect of the foreign purchases of such monopoly or agency
the commerce of the other country shall receive fair and equitable treatment.
It is agreed that in making its foreign purchases of any article such monopoly
or agency will be influenced solely by competitive considerations, such as
price, quality, marketability, and terms of sale.
Article IX
Articles the growth, produce or manufacture of the United States of
America or Switzerland, shall, after importation into the other country,
be exempt from all internal taxes, fees, charges or exactions other or higher
than those payable on like articles of domestic origin or any other foreign
origin.
Article X
The United States of America and Switzerland agree to grant each other
unconditional and unrestricted most-favored-nation treatment in all matters
concerning customs duties and charges of every kind and in the method
of levying duties and, further, in all matters concerning the rules, for-
malities and charges imposed in connection with the clearing of goods
through the customs, and with respect to all laws or regulations affecting
the sale or use of imported goods within the country.
Accordingly, natural or manufactured products having their origin in the
930 SWITZERLAND
United States of America or Switzerland shall in no case be subject in the
other country, in regard to the matters referred to above, to any duties,
taxes or charges other or higher, or to any rules or formalities other or more
burdensome, than those to which the like products having their origin in
any third country are or may hereafter be subject.
Similarly, natural or manufactured products exported from the territory
of the United States of America or Switzerland and consigned to the terri-
tory of the other country shall in no case be subject, with respect to exporta-
tion and in regard to the above-mentioned matters, to any duties, taxes
or charges other or higher, or to any rules or formalities other or more
burdensome, than those to which the like products when consigned to any
third country are or may hereafter be subject.
Any advantage, favor, privilege or immunity which has been or may
hereafter be granted by the United States of America or Switzerland, in re-
gard to the above-mentioned matters, to a natural or manufactured product
originating in any third country or consigned to the territory of any third
country, shall be accorded immediately and without compensation to the
like product originating in or consigned to the territory of Switzerland or
the United States of America, respectively.
Article XI
In the event that a wide variation occurs in the rate of exchange between
the currencies of the United States of America and Switzerland, the Gov-
ernment of either country, if it considers the variation so substantial as to
prejudice the industries or commerce of the country, shall be free to propose
negotiations for the modification of this Agreement or to terminate this
Agreement in its entirety on thirty days' written notice.
Article XII
The Government of the United States of America or the Government of
Switzerland, as the case may be, will accord sympathetic consideration to,
and when requested will afford adequate opportunity for consultation re-
garding, such representations as the other Government may make with re-
spect to the operation of customs regulations, quantitative restrictions or the
administration thereof, the observance of customs formalities, and the ap-
plication of sanitary laws and regulations for the protection of human, animal,
or plant life or health.
In the event that the Government of either country makes representations
to the Government of the other country in respect of the application of any
sanitary law or regulation for the protection of human, animal, or plant life
or health, and if there is disagreement with respect thereto, a committee of
technical experts on which each Government will be represented shall, on
RECIPROCAL TRADE— JANUARY 9, 1936 931
the request of either Government, be established to consider the matter and
to submit recommendations to the two Governments.
Article XIII
Except as otherwise provided in the second paragraph of this Article, the
provisions of this Agreement relating to the treatment to be accorded by the
United States of America and Switzerland, respectively, to the commerce of
the other country, shall not apply to the Philippine Islands, the Virgin
Islands, American Samoa, the Island of Guam, or to the Panama Canal Zone.
The provisions of this Agreement regarding most-favored-nation treatment
shall apply to articles the growth, produce or manufacture of any territory
under the sovereignty or authority of the United States of America or Switzer-
land, imported from or exported to any territory under the sovereignty or
authority of the other country. It is understood, however, that the provisions
of this paragraph do not apply to the Panama Canal Zone.
The advantages now accorded or which may hereafter be accorded by the
United States of America, its territories or possessions, the Philippine Islands,
or the Panama Canal Zone to one another or to the Republic of Cuba shall
be excepted from the operation of this Agreement. The provisions of this
paragraph shall continue to apply in respect of any advantages now or here-
after accorded by the United States of America, its territories or possessions
or the Panama Canal Zone to the Philippine Islands irrespective of any
change in the political status of the Philippine Islands.
The provisions of this Agreement shall apply to the Principality of Liech-
tenstein as long as it is bound to Switzerland by a customs union treaty.
Article XIV
The provisions of this Agreement relating to the treatment to be accorded
by the United States of America and Switzerland to the commerce of the
other country do not apply to advantages now accorded or which may here-
after be accorded to adjacent countries in order to facilitate frontier traffic,
and advantages resulting from a customs union to which either the United
States of America or Switzerland is now or may become a party, shall be
excepted from the operation of this Agreement.
Nothing in this Agreement shall be construed to prevent the adoption of
measures prohibiting or restricting the exportation or importation of gold
or silver, or to prevent the adoption of such measures as either Government
may see fit with respect to the control of the export or sale for export of arms,
ammunition, or implements of war, and, in exceptional circumstances, all
other military supplies.
Subject to the requirement that there shall be no arbitrary discrimination
by either country against the other country in favor of any third country
under like circumstances, the provisions of this Agreement shall not extend to
932 SWITZERLAND
prohibitions or restrictions ( 1 ) imposed on moral or humanitarian grounds;
( 2 ) designed to protect human, animal or plant life or health ; ( 3 ) relating
to prison-made goods; or (4) relating to the enforcement of police or revenue
laws.
Article XV
In the event that the Government of the United States of America or the
Government of Switzerland adopts or changes any measure or practice which,
even though it does not conflict with the terms of this Agreement, is consid-
ered by the Government of the other country to have the effect of nullifying
or impairing any object of the Agreement, the Government which has
adopted or changed any such measure or practice shall consider such written
representations or proposals as the other Government may make with a view
to effecting a mutually satisfactory adjustment of the matter. If no agree-
ment is reached with respect to such representations or proposals within
thirty days after they are received, the Government making them shall be
free, within fifteen days after the expiration of the aforesaid period of thirty
days, to terminate this Agreement in its entirety on sixty days' written
notice.
Article XVI
The Government of the United States of America and the Government of
Switzerland reserve the right to withdraw or to modify the concession granted
on any article under this Agreement, or to impose quantitative restrictions
on any such article if , as a result of the extension of such concession to third
countries, such countries obtain the major benefit of such concession and in
consequence thereof an unduly large increase in importations of such article
takes place: Provided, That before the Government of either country shall
avail itself of the foregoing reservation, it shall give notice in writing to the
other Government of its intention to do so, and shall afford such other Gov-
ernment an opportunity within thirty days after receipt of such notice to con-
sult with it in respect of the proposed action ; and if an agreement with respect
thereto is not reached within thirty days following receipt of the aforesaid
notice, the Government which proposed to take such action shall be free to
do so at any time thereafter, and the other Government shall be free within
fifteen days after such action is taken to terminate this Agreement in its
entirety on thirty days' written notice.
Article XVII
The purpose of this Agreement being to facilitate and increase trade, it is
understood and agreed that if the United States of America should make
effective any measure with respect to the prevention of smuggling which the
Government of Switzerland should consider as restricting unduly or having
the effect of restricting unduly the legitimate importation of or trade in Swiss
watches or watch movements, the Government of the United States of Amer-
RECIPROCAL TRADE— JANUARY 9, 1936 933
ica will give most sympathetic consideration to any written representations
which the Government of Switzerland may make with respect thereto. If,
within thirty days after the receipt of such representations, no satisfactory
understanding or adjustment has been effected, the Government of Switzer-
land shall have the right, within fifteen days after the expiration of the afore-
said period of thirty days, to terminate the Declaration annexed to this
Agreement, or this Agreement in its entirety, on sixty days' written notice.
Article XVIII
The present Agreement shall be approved and confirmed by the President
of the United States of America by virtue of the Act of the Congress of the
United States of America approved June 12, 1934, entitled "An Act To
amend the Tariff Act of 1930", and shall be ratified by the Swiss Federal
Council with the consent of the Federal Assembly of the Swiss Confederation.
Pending the exchange of the instrument of approval and confirmation and
the instrument of ratification which shall take place at Bern as soon as possible,
the provisions of Articles I to XVII, inclusive, shall be applied reciprocally
by the United States of America and Switzerland on February 15, 1936, and
thereafter until the day on which the entire Agreement shall come into force.
The entire Agreement shall come into force thirty days after the day of
the exchange of the instrument of approval and confirmation and the instru-
ment of ratification. The Agreement shall continue in force until February 14,
1939, subject to the provisions of Article VI, Article XI, Article XV, Article
XVI and Article XVII.
Unless at least six months before February 14, 1939, the Government of
either country shall have given to the other Government notice of intention
to terminate this Agreement on that date, the Agreement shall remain in
force thereafter, subject to the provisions of Article VI, Article XI, Article
XV, Article XVI and Article XVII, until six months from the day on which
the Government of either country shall have given such notice to the other
Government.
In witness whereof the respective Plenipotentiaries have signed this Agree-
ment and have affixed their seals hereto.
Done in duplicate, in the English and French languages, both authentic,
at the City of Washington, this ninth day of January, nineteen hundred and
thirty-six.
For the President of the United States of America :
Cordell Hull [seal]
For the Swiss Federal Council :
Marc Peter [seal]
[For schedules annexed to agreement, see 49 Stat. 3930 or p. 16 of EAS
90.]
934 SWITZERLAND
Declaration
With a view to cooperating with the Government of the United States
of America in its efforts to suppress the smuggling of watches and watch move-
ments, the Government of Switzerland will establish and maintain with the
collaboration of the appropriate organizations of the Swiss Watch Industry,
the following system of regulation of the exportation of watches and watch
movements from Switzerland to the United States :
1 . Watches and watch movements other than those purchased at retail
may not be exported from Switzerland to the United States except under ex-
port permits issued by a Swiss watch organization to be designated by the
Government of Switzerland. Such permits shall be viseed by the Swiss Cus-
toms Authorities when the shipments are exported from Switzerland and
shall be delivered to the appropriate American Consulate in Switzerland.
The export permit shall be substantially in the form attached hereto.
2. Watches and watch movements destined for the United States shall
be exported through the Swiss Custom House at the place or places to be
designated by the Swiss Customs Authorities, for direct shipment to the
United States.
3. Watches and watch movements exported from Switzerland to the
United States shall be permanently marked with a distinguishing mark distinct
for each importer in the United States. Current lists of such marks, and the
names and addresses of the persons to whom allocated, shall be furnished by
the Swiss Government to the American Legation at Bern. However, such
mark shall not be required in the case of watches or watch movements which
are or may hereafter be permitted to be legally imported into the United
States without marking.
4. The appropriate organizations of the Swiss Watch Industry will take
such measures as are necessary to insure :
(a) that their members keep regular accounts, periodically audited, and
that they furnish complete information to a central organization in Switzer-
land regarding their exports of watches and watch movements to the United
States, in particular, the dates, quantities and values of their shipments, the
style of their products, the names of the suppliers of the exported articles, and
the names of the importers in the United States; and
( b ) that infringements of this system of regulation of exports are punished
in accordance with the conventions of the Swiss Watch Industry; it being
understood that one of the penalties to be imposed shall be the temporary or
permanent refusal of export permits for future shipments to the United States.
5. Upon request through the appropriate channels, the Swiss watch
organization which is designated by the Government of Switzerland for the
issuance of export permits will furnish information to the American Customs
RECIPROCAL TRADE— JANUARY 9, 1936 935
Authorities regarding the smuggling or suspected smuggling into the United
States of watches and watch movements.
6. The Swiss watch organization which is designated by the Government
of Switzerland for the issuance of export permits will, after due warning,
refuse to issue export permits for the shipment of watches and watch move-
ments for the account of any person in the United States if there is probable
cause to believe that such person has smuggled or is engaged in the smuggling
of watches or watch movements into the United States and if such person has
refused to permit a duly accredited customs officer of the United States to
inspect his stock or records pertaining to such merchandise or the purchase or
importation thereof.
The system of regulation of exports described above shall be put into opera-
tion on May 1, 1936, and shall continue to operate as long as the trade
agreement remains in force, subject to the provisions of Article XVII of the
said trade agreement.
FORM OF EXPORT PERMIT FOR WATCHES AND WATCH MOVEMENTS
Mr
(Name of Exporter)
residing at Switzerland,
applies for an export permit for a shipment to the United States as described below.
Consignee: goods sent to
(Name and address)
Ultimate consignee
(Name and address)
Country of origin : Switzerland
Nature and quantity of the goods (as described in the U.S. A: Customs tariff) . .
Value of the goods sent
(in Swiss francs)
Goods exported from Switzerland through :
For importation into the U.S.A. through port of:
Marks and numbers on case or parcels
Signature of exporter
(Seal)
Date 19
Visa of the Swiss Customs
Authorities at
(Seal)
La Chaux-de-Fonds, 19 . .
(Switzerland)
The Swiss Watch Chamber of Commerce
' (Seal)
MILITARY SERVICE AND DUAL NATIONALITY
Convention signed at Bern November 1 1, 1937
Senate advice and consent to ratification June 13, 1938
Ratified by the President of the United States July 5, 1938
Ratified by Switzerland November 18, 1938
Ratifications exchanged at Bern December 7, 1938
Entered into force December 7, 1938
Proclaimed by the President of the United States December 13, 1938
53 Stat. 1791 ; Treaty Series 943
Convention between the United States of America and Switzer-
land Relative to Military Obligations of Certain Persons
Having Dual Nationality
The President of the United States of America
and
the Swiss Federal Council,
animated by the desire of regulating the military obligations of certain
individuals possessing both American and Swiss nationality, have resolved
to conclude a convention to that effect and have named as their Plenipoter-
tiaries :
The President of the United States of America:
Mr. Leland Harrison, Envoy extraordinary and Minister plenipontentiary
of the United States of America, in Berne;
The Swiss Federal Council:
Mr. Giuseppe Motta, President of the Confederation, Chief of the Federal
Political Department,
who, after having exchanged their full powers, found in good and due
form, have agreed upon the following provisions:
Article 1
A person, born in the territory of one of the two Parties, of parents who are
nationals of the other, who possesses the nationality of these two States and
has his habitual residence in the State of his birth, shall not be held liable by
the other State for military service or for payment of taxes in lieu thereof,
936
MILITARY SERVICE— NOVEMBER 11, 1937 937
even in the case of a temporary stay in the territory of the latter State.
However, if this stay is protracted beyond the period of two years, it shall
be presumed to be permanent, unless the person can show his intention of
returning to his native land shortly after the lapse of this period.
Article 2
The present convention shall be ratified.
It shall become effective upon the exchange of the instruments of ratifi-
cation and shall continue in effect for three years. At the end of this time,
either of the Parties may denounce it at any time, subject to notice given
six months in advance.
In witness whereof, the abovenamed Plenipotentiaries have signed this
convention and have hereunto affixed their seals.
Done at Berne, in duplicate, in the English and French languages, the
eleventh day of November nineteen hundred and thirty seven.
Leland Harrison [seal]
motta [seal]
EXTRADITION
Treaty signed at Bern January 31, 1940, supplementing treaty of
May 14, 1900, as supplemented
Senate advice and consent to ratification November 26, 1940
Ratified by the President of the United States December 20, 1940
Ratified by Switzerland February 4, 1941
Ratifications exchanged at Washington April 8, 1941
Entered into force April 8, 1941
Proclaimed by the President of the United States April 11, 1941
55 Stat. 1 140; Treaty Series 969
Supplementary Treaty to the Extradition Treaty between the
United States of America and Switzerland
The President of the United States of America
and
the Swiss Federal Council,
animated by the desire to assure better administration of justice and to sup-
press crime on their territory and under their jurisdiction, have resolved
to conclude a supplementary treaty enlarging the list of crimes or offenses
which are extraditable under the treaties concluded respectively May 14,
1900 x and January 10, 1935,2 between the United States of America and
Switzerland and have named as their Plenipotentiaries :
The President of the United States of America: Mr. Leland Harrison,
Envoy extraordinary and Minister plenipotentiary of the United States of
America, in Berne;
The Swiss Federal Council : Mr. Johannes Baumann, Federal Councillor,
Chief of the Federal Department of Justice and Police,
who, after having exchanged their full powers, which were found to be
in good and due form, have agreed upon the following articles:
Article I
The list of crimes and offenses for which extradition may be requested,
enumerated in Article II of the said treaty of May 14, 1900, as modified
by the supplementary treaty of January 10, 1935, is amended as follows:
1 TS 354, ante, p. 904.
' TS 889, ante, p. 924.
938
EXTRADITION— JANUARY 31, 1940 939
3. The word "extortion" is added after the word "robbery" and before
the words "burglary, house-breaking or shop-breaking".
9. The words "abduction" and "kidnapping of minors" are omitted. The
words "traffic in women and children; sequestration, defined as the illegal
detention or imprisonment of an individual, or other unlawful deprivation
of his freedom; kidnapping;" are added before the words "rape; bigamy;
abortion".
Article II
This treaty shall be considered as an integral part of the treaty of May 14,
1900, and Article II of the latter treaty shall be read as if the list of crimes
or offenses which appears therein had from the first included the modifica-
tions made and specified under numbers 3 and 9 in Article I of this treaty.
This treaty shall be ratified by the High Contracting Parties and shall
become effective on the date of the exchange of the instruments of ratifica-
tion, which shall take place at Washington as soon as possible.
In witness whereof, the above-named Plenipotentiaries have signed this
treaty and have hereunto affixed their seals.
Done at Berne, in duplicate, in the English and French languages, the
31st day of January 1940.
Leland Harrison [seal]
J. Baumann [seal]
RECIPROCAL TRADE
Exchange of notes at Bern September 19, October 4, and November 5
and 14, 1940, modifying agreement of January 9, 1936; proclama-
tion issued by the President of the United States November 28,
1940 *
Entered into force November 14, 1940; operative January 1, 1941
Supplemented by agreement of June 8, 1955 2
Terminated December 3 1 , 1968, by agreement of October 28, 1968 3
54 Stat. 2461 ; Executive Agreement Series 193
Exchange of Notes
The American Legation to the Division of Commerce, Federal Department
of Public Economy
Legation of the
No 97 United States of America
The Legation of the United States of America presents its compliments to
the Division of Commerce of the Federal Department of Public Economy
and, under instructions from the Secretary of State, has the honor to refer
to previous correspondence and personal conversations with regard to the
intention of the American Government to modify the Trade Agreement be-
tween the United States of America and Switzerland 4 with respect to the
concession relating to handkerchiefs included in Item 1529 (b) of Schedule II
of the agreement.
In the light of representations received as a result of the public announce-
ment in Washington on March 29, 1940,5 of intention to withdraw, in part,
the handkerchief concession in the manner described in the Legation's note
No. 87 of April 1, 1940, it is proposed to reword the concluding proviso at-
tached to the list of items remaining subject to the reduced rates of duty, as
follows :
1 54 Stat. 2461 ; EAS 193, p. 1.
' 6 UST 2845 ; TIAS 3328.
' 19 UST 6210; TIAS 6574.
* Agreement signed at Washington Jan. 9, 1936 (EAS 90, ante, p. 926) .
6 5 Fed. Reg. 1280.
940
RECIPROCAL TRADE— SEPT. 19-NOV. 14, 1940 941
"Provided, that no handkerchiefs which were provided for in Item 1529 (b)
of Schedule II of the Trade Agreement between the United States of America
and Switzerland as proclaimed by the President of the United States of
America on January 9 [May 7], 1936, shall be excluded from classification
under this item by reason of incidental handwork necessary to finish the
machine work or to mend or correct defects."
It is the intention of the Government of the United States to take ac-
tion in the near future, under Article 16 of the Trade Agreement, with-
drawing the handkerchief concession, in part, as stated in this Legation's
note dated April 1, 1940, except that the proviso will be reworded as indi-
cated in the second paragraph of the present note. Although the modifica-
tion in the handkerchief concession will not be made effective until January 1 ,
1941, it is the intention of the American Government to announce the modi-
fication immediately in order to give importers as much advance notice as
possible. Accordingly, the American Government hopes that the Swiss Gov-
ernment will signify its agreement in the next few days with respect to the
modification in the handkerchief concession proposed by the Government
of the United States of America. But, in any event, the American Govern-
ment will feel constrained in the very near future to take the action proposed
in accordance with the provisions of Article 1 6.
In expressing the hope of the Government of the United States that a reply
to the foregoing may be received in the very near future, the Legation avails
itself of the opportunity to renew to the Division of Commerce of the Federal
Department of Public Economy the assurance of its high consideration.
Bern, September 19, 1940
To the
Division of Commerce
Federal Department of Public Economy
Bern
The Division of Commerce, Federal Department of Public Economy,
to the American Legation
[TRANSLATION]
FEDERAL DEPARTMENT OF PUBLIC ECONOMY
DIVISION OF COMMERCE
Bern, October 4, 1940
The Division of Commerce of the Federal Department of Public Economy
has the honor to acknowledge the receipt of the note of September 19 last
(no. 97) from the Legation of the United States of America concerning the
modification of the clause concerning handkerchiefs (no. 1529(b) of the
American tariff) contained in Schedule II of the trade agreement between
942 SWITZERLAND
the United States of America and Switzerland, signed on January 9, 1936,
and to inform the Legation that it agrees with the proposal appearing on page
1 of the said note worded as follows:
"Provided, that no handkerchiefs which were provided for in Item 1529
(b) of Schedule II of the Trade Agreement between the United States of
America and Switzerland as proclaimed by the President of the United States
of America on January 9, 1936, shall be excluded from classification under
this item by reason of incidental handwork necessary to finish the machine
work or to mend or correct defects."
The Division of Commerce takes the liberty, nevertheless, of adding that
according to the opinion in Swiss handkerchief-manufacturing circles it
would be preferable in the text quoted above to replace the words "necessary
to finish the machine work or to mend or correct defects", by the following
text:
". . . necessary to finish the work done on the multiple-needle embroidery
machine or to mend or correct defects."
The Division of Commerce of the Federal Department of Public Economy
takes this occasion to renew to the Legation of the United States of America
the assurances of its high consideration.
To the
Legation of the United States of America
Bern
The American Legation to the Division of Commerce, Federal Department
of Public Economy
Legation of the
no. ioo , United States of America
The Legation of the United States of America presents its compliments to
the Division of Commerce of the Federal Department of Public Economy
and has the honor to state that the Legation did not fail to transmit to its
Government the contents of the Division's note dated October 4, 1940, ex-
pressing the Swiss Government's acceptance of the proviso relating to hand-
kerchiefs as set forth on page 1 of the Legation's note No. 97 of September 19,
1940.
As regards the changes desired by the interested Swiss manufacturers, as
set forth in the Division's note of October 4, the Legation has been directed to
inform the Swiss authorities that after careful and sympathetic considera-
tion, it has not been found feasible to adopt these suggestions for the follow-
ing reasons :
RECIPROCAL TRADE— SEPT. 19-NOV. 14, 1940 943
1. It is felt that the revised concession (as given in the wording of the
proviso contained in the second paragraph of this Legation's note No. 97
dated September 19, 1940) is sufficient to prevent handkerchiefs, on which
any substantial part of the ornamentation has been done by hand, from
being entered at the agreement rate.
2. If the purpose of the Swiss suggestion is to exclude from the scope of
the concession, handkerchiefs which are ornamented on machines, other
than multiple-needle machines, it is believed that there is a misunderstanding
as to the purpose of the proviso, which is simply to make it clear that the
words "which are not embroidered, tamboured or appliqued in any part by
hand", et cetera, do not exclude from the concession such incidental hand
operations as are described in the proviso. The Swiss proposal for amend-
ment of the proviso would not exclude handkerchiefs ornamented on ma-
chines other than multiple-needle machines from the benefit of the concession,
if they have not been ornamented or finished in any part by hand. Adoption of
the Swiss language would, however, create uncertainty as to the treatment
which would be accorded to such handkerchiefs when they had been inci-
dentally hand finished.
3. Past experience, in any event, does not indicate that any important
trade could be developed under the concession in handkerchiefs ornamented
on machines other than multiple-needle machines. It is not believed, there-
fore, that Switzerland would be particularly benefited by the adoption of the
suggestion regarding revision of the proviso, while the wording might involve
considerable administrative difficulty.
4. The suggestion that the word "machine" be administratively inter-
preted to mean multiple-needle machine does not appear to be legally feasible,
as it is believed that such an interpretation would not be upheld by the courts.
The Legation expresses its Government's most cordial appreciation of the
cooperation which the Swiss Government has given in this matter and would
be glad if it may now finally report the agreement of the Swiss Government
to the modification of the handkerchief concession pursuant to the formal
notice of intention to make such change in accordance with Article XVI
of the Trade Agreement.
The Legation avails itself of this opportunity to renew to the Division of
Commerce of the Federal Department of Public Economy the assurance of
its high consideration.
Bern, November 5, 1940
To the
Division of Commerce of the
Federal Department of Public Economy
Bern
308-582— 7S 61
944 SWITZERLAND
The Division of Commerce, Federal Department of Public Economy,
to the American Legation
[TRANSLATION]
Bern, November 14, 1940
FEDERAL DEPARTMENT OF PUBLIC ECONOMY
DIVISION OF COMMERCE
The Division of Commerce of the Federal Department of Public Economy
has the honor to acknowledge the receipt of the note of the Legation of the
United States of America dated the 5th instant (no. 100) concerning the
modification of the provision respecting handkerchiefs (no. 1529 (b) of
the American tariff) contained in Schedule II of the trade agreement be-
tween the United States of America and Switzerland, signed on January 9,
1936. The Division of Commerce notes that for the reasons set forth in the
above-mentioned note, the American Government does not consider it possi-
ble to accept the proposals contained in the Division's note of October 4 last.
These proposals having been presented merely as suggestions, the Division of
Commerce has the honor to state that the Federal Council accepts the modi-
fication proposed by the Government of the United States in conformity with
Article XVI of the trade agreement of January 9, 1936. In view of the notes
exchanged between the Legation of the United States and the Division of
Commerce, the text of the provision concerning handkerchiefs (no. 1529 (b)
of the American tariff) contained in Schedule II of the trade agreement of
January 9, 1936, will henceforth be worded as follows:
"1529 (b)
Handkerchiefs, wholly or in part of machine-made lace; handkerchiefs embroidered
(whether with a plain or fancy initial, monogram, or otherwise, and whether or not the
embroidery is on a scalloped edge), tamboured, appliqued, or from which threads have
been omitted, drawn, punched, or cut, and with threads introduced after weaving to finish
or ornament the openwork, not including one row of straight hemstitching adjoining the
hem; any of the foregoing, finished or unfinished, which contain no handmade lace, which
are not embroidered, tamboured, or appliqued in any part by hand, from which threads
have not been omitted, drawn, punched, or cut by hand, and having no threads introduced
by hand to finish or ornament the openwork :
Composed wholly or in chief value of cotton 24 each and 30%
ad val.
Composed wholly or in chief value of vegetable fiber
other than cotton :
If finished and valued at 80 cents or more per dozen 2<£ each and 30%
ad val.
If unhemmed and without any finished edge, and 2<t each and 30%
valued at 450 or more per dozen ad val.
"Provided, that no handkerchiefs which were provided for in Item 1529 (b) of Sched-
ule II of the Trade Agreement between the United States of America and Switzerland as
proclaimed by the President of the United States of America on January 9, 1936, shall be
excluded from classification under this item by reason of incidental handwork necessary
to finish the machine work or to mend or correct defects."
RECIPROCAL TRADE— SEPT. 19-NOV. 14, 1940 945
The Division of Commerce of the Federal Department of Public Economy
takes this occasion to renew to the Legation of the United States of America
the assurances of its high consideration.
Ffderal Department of Public Economy
Division of Commerce
To the
Legation of the United States of America
Bern
AIR TRANSPORT SERVICES
Exchange of notes at Bern August 3, 1945, with text of interim agree-
ment and annex
Entered into force August 3, 1945
Amended by agreements of May 13, 1949, 1 and December 9, 1970 2
Supplemented by agreement of March 1 and 4, 1957, 3 approving agreed
minute of February 6, 1957, relating to interpretation of article 2
60 Stat. 1935 ; Treaties and Other
International Acts Series 1576
The American Minister to the Chief of the Federal Political Department
Legation of the
United States of America
Bern, August 3, 1945
Excellency,
I have the honor to refer to the negotiations which have taken place be-
tween the Governments of the United States of America and Switzerland for
the conclusion of a reciprocal Interim Agreement relating to Air Transport
Services. I understand that these negotiations have now resulted in the Agree-
ment which is annexed hereto.
I shall be glad to have you inform me whether the Swiss Government
understands that the terms of the Agreement resulting from the negotiations
referred to are as set forth in the annex to this letter.
If your answer is in the affirmative, the Government of the United States
of America will regard the Agreement as becoming effective upon the date
of your answer in accordance with the provisions of the first paragraph of
Article 8 of the Agreement.
Accept, Excellency, the renewed assurances of my highest consideration.
Leland Harrison
His Excellency
Dr. Max Petitpierre
Federal Counselor
Chief of the Federal Political Department
Bern
lrnAS 1929, post, p. 960.
* 21 UST 2658; TIAS 7008.
88UST349;TIAS3781.
946
AIR TRANSPORT SERVICES— AUGUST 3, 1945 947
Interim Agreement Between the United States of America and
Switzerland Relating to Air Transport Services
Having in mind the resolution recommending a standard form of agree-
ment for provisional air routes and services, included in the final act of the
International Civil Aviation Conference signed at Chicago on December 7,
1944, and the desirability of mutually stimulating and promoting the sound
economic development of air transportation between the United States of
America and Switzerland, the two governments parties to this arrangement
agree that the establishment and development of air transport services be-
tween their respective territories shall be governed by the following provisions :
Article 1
The Contracting Parties grant the rights specified in the Annex hereto
necessary for establishing the international civil air routes and services therein
described, whether such services be inaugurated immediately or at a later
date at the option of the Contracting Party to whom the rights are granted.
Article 2 4
(a) Each of the air services so described shall be placed in operation as
soon as the Contracting Party to whom the rights have been granted by
Article 1 to designate an airline or airlines for the route concerned has author-
ized an airline for such route, and the Contracting Party granting the rights
shall, subject to Article 6 hereof, be bound to give the appropriate operating
permission to the airline or airlines concerned ; provided that the airlines so
designated may be required to qualify before the competent aeronautical
authorities of the Contracting Party granting the rights under the laws and
regulations normally applied by these authorities before being permitted to
engage in the operations contemplated by this Agreement ; and provided that
in areas of hostilities or of military occupation, or in areas affected thereby,
such inauguration shall be subject to the approval of the competent military
authorities.
(b) It is understood that either Contracting Party granted commercial
rights under this Agreement should exercise them at the earliest practicable
date except in the case of temporary inability to do so.
Article 3
In order to prevent discriminatory practices and to assure equality of treat-
ment, both Contracting Parties agree that:
(a) Each of the Contracting Parties may impose or permit to be imposed
* For an interpretation of art. 2, see exchange of notes of Mar. 1 and 4, 1957, approving
agreed minute of Feb. 6, 1957 (8 UST 349; TIAS 3781).
948 SWITZERLAND
just and reasonable charges for the use of public airports and other facilities
under its control. Each of the Contracting Parties agrees, however, that these
charges shall not be higher than would be paid for the use of such airports and
facilities by its national aircraft engaged in similar international services.
(b ) Fuel, lubricating oils and spare parts introduced into the territory of
one Contracting Party by the other Contracting Party or its nationals, and
intended solely for use by aircraft of such other Contracting Party shall be
accorded national and most-favored-nation treatment with respect to the
imposition of customs duties, inspection fees or other national duties or
charges by the Contracting Party whose territory is entered.
(c) The fuel, lubricating oils, spare parts, regular equipment and air-
craft stores retained on board civil aircraft of the airlines of one Contracting
Party authorized to operate the routes and services described in the Annex
shall, upon arriving in or leaving the territory of the other Contracting Party,
be exempt from customs, inspection fees or similar duties or charges, even
though such supplies be used or consumed by or aboard such aircraft on
flights in that territory.
Article 4
Certificates of airworthiness, certificates of competency and licenses issued
or rendered valid by one Contracting Party shall be recognized as valid by the
other Contracting Party for the purpose of operating the routes and services
described in the Annex. Each Contracting Party reserves the right, however,
to refuse to recognize, for the purpose of flight above its own territory, certifi-
cates of competency and licenses granted to its own nationals by another
State.
Article 5
(a) The laws and regulations of one Contracting Party relating to the
admission to or departure from its territory of aircraft engaged in interna-
tional air navigation, or to the operation and navigation of such aircraft while
within its territory, shall be applied to the aircraft of the other Contracting
Party, and shall be complied with by such aircraft upon entering or departing
from or while within the territory of the first Party.
(b) The laws and regulations of one Contracting Party as to the admis-
sion to or departure from its territory of passengers, crew, mail or cargo of
aircraft, such as regulations relating to entry, clearance, immigration, pass-
ports, customs, and quarantine shall be complied with by or on behalf of
such passengers, crew, mail or cargo of the other Contracting Party upon
entrance into or departure from, or while within the territory of the first
Party.
Article 6
Each Contracting Party reserves the right to withhold or revoke a certifi-
cate or permit to an airline of the other Party in any case where it is not
AIR TRANSPORT SERVICES— AUGUST 3, 1945 949
satisfied that substantial ownership and effective control are vested in na-
tionals of either Party to this Agreement, or in case of failure of an airline to
comply with the laws of the State over which it operates as described in
Article 5 hereof, or to perform its obligations under this Agreement.
Article 7
This Agreement and all contracts connected therewith shall be registered
with the Provisional International Civil Aviation Organization.
Article 8
This Agreement shall become effective on the date of the diplomatic notes
to which it is annexed.
Either Contracting Party may terminate this Agreement, or the rights for
any of the services granted thereunder, by giving one year's notice to the
other Contracting Party.
Article 9
In the event either of the Contracting Parties considers it desirable to mod-
ify the routes or conditions set forth in the attached Annex, it may request
consultation between the competent authorities of both Contracting Parties,
such consultation to begin within a period of sixty days from the date of the
request. When these authorities mutually agree on new or revised conditions
affecting the Annex, their recommendations on the matter will come into
effect after they have been confirmed by an exchange of diplomatic notes.5
ANNEX TO INTERIM AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND SWITZERLAND RELATING TO AIR TRANSPORT SERVICES 6
A. Airlines of the United States of America authorized under the present
Agreement are accorded rights of transit and non-traffic stop in Swiss terri-
tory, as well as the right to pick up and to discharge international traffic in
passengers, cargo and mail at Geneva (or other suitable airport) on the
following route:
The United States, over a North Atlantic route to Ireland and thence
to Paris and Switzerland, and beyond to Italy, Greece, and the Near and
Middle East, via intermediate points; in both directions.
B. Airlines of Switzerland authorized under the present Agreement are
accorded rights of transit and non-traffic stop in the territory of the United
3 For an amendment adding art. 10, see agreement of May 13, 1949 (TIAS 1929),
post, p. 960.
0 For a revised annex and schedule, see ibid.
950 SWITZERLAND
States of America, as well as the right to pick up and discharge international
traffic in passengers, cargo and mail at New York, on the following route:
Switzerland, via intermediate points (non-traffic stops), to New York;
in both directions.
The Chief of the Federal Political Department to the American Minister
[translation]
THE CHIEF
OF THE
FEDERAL POLITICAL DEPARTMENT
Bern, August 3, 1945
Mr. Minister:
By a letter dated today you are good enough to submit to me the enclosed
Draft of the Provisional Air Transport Agreement between Switzerland
and the United States of America drawn up during the diplomatic conver-
sations which have just ended.
I have the honor to inform Your Excellency that the Swiss Federal Council
accepts this Agreement and that it considers it as in effect as of today, in
conformity with Article 8, paragraph 1, of the Agreement.
Please accept, Mr. Minister, the assurance of my high consideration.
Max Petitpierre
Enclosure.
His Excellency
Leland Harrison
Minister of the United States of America
Bern
AIR SERVICE TO BE OPERATED BY U.S. AIR
TRANSPORT COMMAND
Exchange of notes at Bern August 6 and September 5, 1945, with text
of agreement
Entered into force September 5, 1945
Expired in accordance with its terms
Department of State files
The American Legation to the Federal Political Department
No. 2133
The American Legation at Bern presents its compliments to the Federal
Political Department and has the honor to transmit herewith the terms of
a proposed agreement regarding an air service of provisional and temporary'
character to be operated by the Army Transport Command (ATC) of the
United States to and from Geneva, Switzerland. The text of the enclosure
embodies terms which have heretofore been agreed upon in conversations
which have taken place between the competent Swiss and American offi-
cials, both in the United States and in Switzerland, and more particularly
conferences recently held between Mr. Jean Merminod of the Federal
Political Department, Colonel Louis Clerc, Chief of the Federal Air Office,
and the Legation's Civil Air Attache.
It is understood that the proposed arrangement is independent from the
bilateral interim air transport agreement just concluded between the Swiss
and American Governments.1 It is also understood that the air transport
service contemplated under the proposed agreement is of a non-commercial
character and that traffic will not be carried by it on a common carrier
basis. The traffic carried will be limited to that of Swiss and American
national interests.
In view of the fact that an agreement on the basic principles has already
been reached in the course of the conversations above referred to, it is the
hope of the Legation that the attached ageement can be put into effect at
an early date.
The Legation avails itself of this opportunity to express to the Federal
Political Department the assurances of its highest consideration.
L.H.
Bern, August 6, 1945
Enclosure :
Terms of a proposed agreement regarding air service to be operated by ATC.
To the
Federal Political Department
Bern
1 Agreement of Aug. 3, 1945 (TIAS 1576, ante, p. 946).
951
30S-582— 73 62
952 SWITZERLAND
[Proposed Agreement]
1 . The competent Swiss authorities agree to the operation by Air Trans-
port Command (ATC) of unarmed military aircraft to and from Geneva/
Cointrin carrying passengers, cargo and mail, consisting of military and
non-military national interest traffic. The carriage of mail will be subject
to necessary arrangements by the competent postal authorities.
2. ATC will operate under this agreement scheduled flights between
Paris-Geneva/Cointrin-Marseille in both directions. The time and frequency
schedules will be worked out jointly by ATC and the Federal Air Office. To
begin with one daily flight is envisaged which can be increased or decreased
by ATC in the light of experience.
3. Passengers and crews solely in transit through Geneva, Switzerland,
carried by ATC planes shall be exempt from immigration and customs regu-
lations, including requirement for transit visas provided they do not leave
the airport. Cargo and mail solely in transit shall be exempt from customs
inspections and other entry and clearance formalities.
4. Military passengers solely in transit through Geneva, Switzerland,
carried by ATC planes shall be permitted to wear uniforms. Such passengers
shall be permitted in the event of force majeure to stay overnight in Geneva
in uniform. It is understood that this transit facility shall not extend to
military passengers en route to zones of active hostilities.
5. Subject to the Swiss civil air regulations applicable to air traffic and
airdrome control, the administrative and operational control of the ATC
aircraft utilizing Geneva/ Cointrin airport shall be exercised by ATC. Air
crews are permitted to operate ATC planes in uniform but will change to
civilian clothes when leaving the limits of Geneva/ Cointrin. The ATC will
determine and provide the minimum number of ground personnel necessary
for the conduct of its operations. Such personnel, while stationed in Switzer-
land, shall wear civilian clothes. The ATC will procure all supplies necessary
for its operations and it is agreed that equipment and supplies required for
the exclusive use of ATC and its personnel may be imported into Switzerland
free of customs and other charges.
6. Technical details of operations, such as schedules, navigational assist-
ance, weather communications, etc., as well as arrangements for the trans-
portation of mail, will be worked out by the American and Swiss technical
services concerned. Coding and decoding of administrative, operational and
weather communications necessary for the operation of ATC planes will be
accomplished in an American Legation office situated at Cointrin airport.
It is agreed that the Swiss Government is entitled to knowledge of the sub-
stance of messages despatched under the provisions of this paragraph, pro-
vided that cryptographic security is maintained.
7. This agreement shall be effective at once and shall remain in force
during a transitional period until normal commercial operations by an Ameri-
AIR SERVICES— AUGUST 6 AND SEPTEMBER 5, 1945 953
can air carrier can be inaugurated pursuant to the Interim Agreement be-
tween the United States of America and Switzerland relating to Air
Transport Services concluded on August 3, 1945.
The Federal Political Department to the American Legation
[translation]
FEDERAL POLITICAL DEPARTMENT
DIVISION OF FOREIGN AFFAIRS
C.16.316.2-CQ
ad No 21SS
The Legation of the United States of America transmitted to the Federal
Political Department, with its note of August 6, a memorandum setting forth
the conditions under which the Air Transport Command of the American
Army could be authorized to operate, for a transitional period, unarmed
military aircraft on the Paris-Geneva-Marseille route.
The Political Department has the honor to inform the Legation that the
Federal Council made a favorable decision regarding this matter and, ac-
cordingly, the Air Office of the Federal Department of Posts and Railroads
is empowered to grant the required authorization for flights over Swiss terri-
tory and landing at Geneva-Cointrin airdrome making possible the Paris-
Geneva-Marseille service under the conditions set forth in the note of
August 6 and its annex.
As far as technical questions relating to the organization of the service are
concerned, it is suggested that the Legation's Civil Air Attache contact as
soon as possible the Federal Air Office with a view to making the necessary
arrangements before the inauguration of the service.
The Department avails itself of this opportunity to renew to the Legation
the assurance of its high consideration.
Bern, September 5, 1945
To the
Legation of the United States
of America
Bern
TRADE: IMPORTATION OF WATCHES
Exchange of memoranda at Washington April 22, 1946
Entered into force April 22, 1946
Terminated March 3 1 , 1947
Department of State Bulletin,
May 5, 1946, p. 763
Swiss Aide-Memoire
Legation of Switzerland
Washington, D.C.
April 22, 1946
The Legation of Switzerland wishes to refer to recent conversations which
have taken place between officials of the Governments of the United States
and Switzerland in regard to a number of problems affecting the importation
into the United States of Swiss watches, watch movements and parts, watch-
making machinery and jewel bearings.
Reference was made in these conversations to the fact that the United
States watch manufacturing industry had during the last few years been
converted largely to war production, and in contrast to many other indus-
tries similarly converted, the absence of American production had been
largely compensated by imports of Swiss watches. The fact that as large an
accumulated civilian demand did not exist in the case of watches as in
other commodities, therefore, appeared likely to create certain difficulties
for the American watch manufacturing industry during its period of recon-
version to civilian production, ft was also recognized that, by the terms of
the Trade Agreement between the United States and Switzerland concluded
in 1936,1 no quantitative limitations were to be placed by the United States
on the importation of watches and watch movements into the United States.
It was further recognized that this provision of the Trade Agreement should
not be allowed to operate in a manner to interfere with the reconversion of
the United States watch manufacturing industry. Taking into account such
considerations as the foregoing, the Legation of Switzerland makes the dec-
larations set forth below :
Agreement of Jan. 9, 1936 (EAS 90, ante, p. 926).
954
IMPORTATION OF WATCHES— APRIL 22, 1946 955
1 . The Swiss Government is willing to effect a scheduling of the exports
of watches and watch movements during the period of the reconversion
of the United States watch manufacturing industry to civilian production
(which is estimated for that purpose to end March 31, 1947) so that the
volume of watches and watch movements reaching the United States shall
not be such as to interfere with the ready marketing in the United States
of the products of the American watch industry.
2. In order to facilitate such scheduling described in Paragraph 1, above,
the Swiss Government further declares itself prepared to :
(a) Initiate immediately such measures as are available to it to channel
the shipment of watches and watch movements from Switzerland directly
to the United States and to prevent their indirect shipment to the United
States.
(b) Initiate immediately such measures as may be necessary to assure
that direct shipments of watches and watch movements from Switzerland
to the United States during 1946 shall not exceed the amount of direct
exports in 1945. The limitation is to become effective retroactively to Jan-
uary 1, 1946. The volume of the direct shipments during the first three
months of 1947 shall be calculated pro rata temporis.
3. The two governments will review the question of the volume of im-
ports of Swiss watches and watch movements from time to time as the Gov-
ernment of the United States or the Swiss Government may deem necessary.
If at any time during the reconversion period satisfactory evidence appears
that the United States watch industry is finding difficulty in marketing its
products, the Government of Switzerland declares itself prepared, in addi-
tion to the control of exports contemplated by Paragraph 2 above, to effect
a further reduction in the volume of exports of watches and watch move-
ments from Switzerland to the United States to an extent to be agreed
upon between the two governments.
Furthermore, the Swiss Government takes cognizance of the opinion ex-
pressed by officials of the Government of the United States that a joint re-
view shall be made whenever the imports in any three-month period during
1946 exceed the average direct imports during a similar period of years
1942-45, inclusive, or whenever the volume of imports with respect to the
several United States import classifications greatly deviates in any such
period from the general pattern established during the last decade, and sees
no objection to such procedure.
4. The Swiss Government will use its good offices to expedite the issuance
of export permits by the Swiss Watch Chamber and other watch associations
for watch parts and for jewel bearings to be used in the manufacture of
watches in the United States, according to the autonomous internal regula-
tions of the Swiss Government. The Swiss Government also will use its
good offices to secure the issuance of export licenses to supply the American
watch manufacturing industry with the watchmaking machinery which it is
956 SWITZERLAND
now endeavoring to purchase in Switzerland and will consider sympathetically
the granting of export licenses for such further watchmaking machinery as
United States watch manufacturers may desire to purchase in Switzerland.
The Swiss Legation is looking forward to receiving from the Department
of State the list of machines which the American watch manufacturing
industry is now desirous of obtaining in Switzerland.
The foregoing declarations will be in effect until March 31, 1947.
United States Aide-Memoir e
April 22, 1946
The Government of the United States appreciates the declaration made by
the Legation of Switzerland in its aide-memoire of April 22, 1946 concerning
the intentions of the Government of Switzerland with respect to the ex-
portation of watches and watch movements, watch parts, watchmaking ma-
chinery and jewel bearings to the United States during the period from
January 1, 1946 to March 31, 1947.
The Government of the United States believes that the adoption and
execution of these measures by the Government of Switzerland will con-
tribute materially to the solution of problems confronting the American
watch industry in its period of reconversion to civilian production and will
serve, at the same time, to assure the American watch importers and as-
semblers as well as the retail jewelers and consumers of an adequate supply
of watches.
The Department of State, in this connection, will transmit to the Legation
of Switzerland in the very near future the lists referred to in paragraph
four of the aide-memoire.
EQUIPMENT AT COINTRIN AIRPORT
Agreement signed at Bern April 30, 1947
Entered into force April 30, 1947
61 Stat. 3859; Treaties and Other
International Acts Series 1736
Agreement between the Swiss Government and the Government of
the United States of America Regarding SCS-51 Equipment at
Cointrin Airport, Geneva, Switzerland
The Swiss Government Agrees:
1. To operate and maintain the SCS— 51 equipment continuously in a
manner adequate for the air traffic operating into and away from Cointrin
Airport, Geneva, where this equipment is now located, and along the recog-
nized international air routes converging on that airdrome; and, in order to
insure the standard of service, the Swiss Government agrees to abide by
approved International Civil Aviation Organization (ICAO) standards of
operation 1 unless changed by other international agreement to which the
Governments of the United States and Switzerland are parties. Allowance is
to be made, of course, for possible unavoidable interruption of the continuous
operation which may result from breakdown in the equipment; but every
effort will be made to repair any electrical or mechanical defects of the
equipment as soon as may be possible.
2. To install and place into operation parts of the SCS-51 equipment
not yet installed as soon as the necessary special parts already ordered will
have been delivered and assembled. It is understood that in the interest of
safety of air traffic every possible step will be taken to hasten the putting into
operation of the whole equipment.
3. To provide the full service of the SCS-51 to all aircraft on a non-
discriminatory basis.
4. To continue the operation of SCS-51 equipment in its original loca-
tion at Cointrin Airport, Geneva, or at a new location mutually agreed upon
between the Governments of the United States and Switzerland until this
equipment may be replaced in accordance with standards promulgated by
1 See interim agreement opened for signature at Chicago Dec. 7, 1944 (EAS 469),
ante, vol. 3, p. 929
957
958 SWITZERLAND
the International Civil Aviation Organization or until it is determined by
the Governments of Switzerland and the United States that there is no longer
need for the original equipment.
5. To authorize the United States air carrier or the Civil Aeronautics
Administration of the United States to designate a technical advisor to as-
sist and advise the agency designated by the Swiss Government to operate the
SCS-51 so far as it relates to the safety and efficiency of the operation of
United States aircraft, and in conformity with approved International Civil
Aviation Organization standards of operation. This designation is to con-
tinue as long as it is useful to the United States air carrier. The Swiss agency
will not, however, be bound to act on the advice given should it be found
contrary to Swiss interests.
The Government of the United States of America Through
Either the United States Army or the Civil Aeronautics Adminis-
tration or a Designated Prd7ATe Agency Agrees :
1. To include in the sale of the basic installation one year's supply of
maintenance parts and expendable supplies to the extent that the Theater's
surplus stocks permit.
% To do everything possible to assist the Swiss Government or its repre-
sentative in purchasing through regular commercial channels maintenance
parts and expendable supplies for the operation of the SCS-5 1 .
Done at Bern in duplicate this 30th day of April, 1947.
For the Government of Switzerland :
Clerc
Louis Clerc, Chief
Federal Air Office
For the Government of the United States of America :
Leland Harrison
Leland Harrison
American Minister
NONIMMIGRANT VISA REQUIREMENTS
Exchange of notes at Washington October 22 and 31 and November 4
and 13, 1947
Entered into force November 13, 1947 ; operative for Switzerland
November 15, 1947, and for the United States December 1, 1947
[For text, see 6 UST 93 ; TIAS 3172.]
959
AIR TRANSPORT SERVICES
Exchanges of notes at Bern May 13, 1949, amending agreement of
August 3, 1945
Entered into force May 13, 1949
63 Stat. 2437 ; Treaties and Other
International Acts Series 1929
The American Minister to the Chief of the Federal Political Department
Legation of the
United States of America
Bern, May 13, 1949
Excellency:
I have the honor to refer to the conversations between the Governments
of the United States of America and Switzerland in regard to the amend-
ment of the Interim Agreement relating to Air Transport Services concluded
between the United States of America and Switzerland dated August 3,
1945,1 with a view to the insertion of a dispute clause into this Agreement.
I understand that these conversations have now resulted in a text agreed upon
between the negotiating parties which is attached hereto and which is to be
inserted as Article 10 of the Agreement.
I shall be glad to have you inform me whether the Swiss Government
understands that the terms of the dispute clause to constitute Article 10
of the Agreement resulting from the conversations referred to are as found
in the enclosure to this note.
If your answer is in the affirmative, the Government of the United States
of America will regard the new Article 10 of the Agreement effective upon
the date of your answer.
Accept, Excellency, the renewed assurances of my highest consideration.
J. C. Vincent
His Excellency
Dr. Max Petitpierre
Federal Councilor
Chief of the Federal Political Department
Bern
'TIAS 1576, ante, p. 946.
960
AIR TRANSPORT SERVICES— MAY 13, 1949 961
Article 10
Except as otherwise provided in this Agreement or its Annex, any dis-
pute between the contracting parties relative to the interpretation or appli-
cation of this Agreement or its Annex which cannot be settled through
consultation shall be submitted for an advisory report to a tribunal of three
arbitrators, one to be named by each contracting party, and the third to be
agreed upon by the two arbitrators so chosen, provided that such third
arbitrator shall not be a national of either contracting party. Each of the con-
tracting parties shall designate an arbitrator within two months of the date
of delivery by either party to the other party of a diplomatic note requesting
arbitration of a dispute ; and the third arbitrator shall be agreed upon within
one month after such period of two months.
If either of the contracting parties fails to designate its own arbitrator
within two months, or if the third arbitrator is not agreed upon within the
time limit indicated, the President of the Council of the International Civil
Aviation Organization (hereinafter called ICAO) shall be requested to make
the necessary appointments by choosing the arbitrator or arbitrators from a
panel of arbitral personnel maintained in accordance with the practice of
ICAO.
The contracting parties will use their best efforts under the powers avail-
able to them to put into effect the opinion expressed in any such advisory
report. A moiety of the expenses of the arbitral tribunal shall be borne by
each party.
The Chief of the Federal Political Department to the American Minister
[translation]
THE CHIEF
OF THE
FEDERAL POLITICAL DEPARTMENT Bern> May J3 J g4Q
Mr. Minister:
In a letter dated today you were so good as to propose to me that an arbi-
tration clause be inserted in the Interim Agreement between the United
States of America and Switzerland relating to Air Transport Services, dated
August 3, 1945. I have taken due note of the fact that such text, which would
become article 10 of the agreement, was the subject of conversations between
representatives of the Swiss Federal Authorities and representatives of the
American Authorities.
I have the honor to inform Your Excellency that the Swiss Federal Coun-
962 SWITZERLAND
cil approves the text in question and that it considers it to be in force as of
the present date.
Accept, Mr. Minister, the assurances of my high consideration.
Max Petitpierre
His Excellency
John Carter Vincent
Minister of the United States of America
Bern
The American Minister to the Chief of the Federal Political Department
Legation of the
United States of America
Bern, May 13, 1949
Excellency :
I have the honor to refer to the conversations between the Governments
of the United States of America and Switzerland in regard to the amend-
ment of the Interim Agreement relating to Air Transport Services concluded
between the United States of America and Switzerland on August 3, 1945,
with a view to the incorporation of the Bermuda principles into this Agree-
ment. I understand that these conversations which have taken place pur-
suant to the suggestion of the Federal Air Office communication of May 21,
1948, have now resulted in a text agreed upon between the negotiating par-
ties which is enclosed herewith and which is to be inserted as the Annex
immediately following Article 10 of the Interim Agreement of August 3,
1945. 1 further understand that the Schedule to the enclosed Annex has been
agreed upon as a substitute for the present "Annex" of the Interim Agree-
ment. It is finally understood that the enclosed Annex and Schedule will
form an integral part of the Interim Agreement of August 3, 1945.
I shall be glad to have you inform me whether the Swiss Government
understands that the terms of the Annex and of the Schedule resulting from
the conversations referred to are as set forth in the enclosure to this note.
If your answer is in the affirmative, the Government of the United
States of America will regard the new Annex and Schedule to the Interim
Agreement of August 3, 1945, effective upon the date of your answer in
accordance with the provisions of Article 9 of the Agreement.
Accept, Excellency, the renewed assurances of my highest consideration.
J. C. Vincent
His Excellency
Dr. Max Petitpierre
Federal Councilor
Chief of the Federal Political Department
Bern
AIR TRANSPORT SERVICES— MAY 13, 1949 963
ANNEX
Section I
One or more airlines designated by each of the contracting parties under
the conditions provided in this Agreement will enjoy, in the territory of the
other contracting party, rights of transit and of stops for non-traffic pur-
poses, as well as the right of commercial entry and departure for interna-
tional traffic in passengers, cargo and mail at the points enumerated on each
of the routes specified in the Schedule attached.
Section II
The air transport facilities available hereunder to the traveling public shall
bear a close relationship to the requirements of the public for such transport.
Section III
There shall be a fair and equal opportunity for the airlines of the con-
tracting parties to operate on any route between their respective territories
covered by this Agreement and Annex.
Section IV
In the operation by the airlines of either contracting party of the trunk
services described in the present Annex, the interest of the airlines of the
other contracting party shall be taken into consideration so as not to affect
unduly the services which the latter provide on all or part of the same routes.
Section V
It is the understanding of both contracting parties that services provided
by a designated airline under the present Agreement and Annex shall
retain as their primary objective the provision of capacity adequate to the
traffic demands between the country of which such airline is a national and
the country of ultimate destination of the traffic. The right to embark or
disembark on such services international traffic destined for and coming
from third countries at a point or points on the routes specified in the present
Annex shall be applied in accordance with the general principles of orderly
development to which both contracting parties subscribe and shall be sub-
ject to the general principle that capacity should be related to:
(a) traffic requirements between the country of origin and the countries
of destination;
(b) the requirements of through airline operation; and
(c) the traffic requirements of the area through which the airline passes
after taking account of local and regional services.
964 SWITZERLAND
Section VI
It is the intention of both contracting parties that there should be regular
and frequent consultation between their respective aeronautical authorities
and that there should thereby be close collaboration in the observance of the
principles and the implementation of the provisions outlined in the present
Agreement and Annex.
Section VII
A. The determination of rates in accordance with the following para-
graphs shall be made at reasonable levels, due regard being paid to all
relevant factors, such as cost of operation, reasonable profit, and the rates
charged by any other carriers, as well as the characteristics of each service.
B. The rates to be charged by the air carriers of either contracting party
between points in the territory of the United States and points in Swiss terri-
tory referred to in the attached Schedule shall, consistent with the provisions
of the present Agreement and its Annex, be subject to the approval of the
aeronautical authorities of the contracting parties, who shall act in accordance
with their obligations under the present Annex, within the limits of their
legal powers.
It is recognized that the determination of rates to be charged by an airline
of one contracting party over a segment of the specified route, which segment
lies between the territories of the other contracting party and a third country,
is a complex question the over-all solution of which cannot be sought through
consultation between only the two contracting parties. Pending the accept-
ance by both contracting parties of any multilateral agreement or recom-
mendations with respect to such rates, the rates to be charged by the
designated airlines of the two contracting parties over the route segment in-
volved shall be set in the first instance by agreement between such airlines
operating over such route segment, subject to the approval of the aeronautical
authorities of the two contracting parties. In case such designated airlines
cannot reach agreement or in case the aeronautical authorities of both con-
tracting parties do not approve any rates set by such airlines, the question
shall become the subject of consultation between the aeronautical authorities
of the two contracting parties. In considering such rates the aeronautical
authorities shall have regard particularly to Section IV of this Annex and to
the desire of both contracting parties to foster and encourage the development
of efficient and economically sound trunk air services by the designated air-
lines over the specified routes. If the aeronautical authorities cannot reach
agreement, both contracting parties shall submit, at the request of either
party, the question in dispute to arbitration as provided for in Article 10 of
the Agreement.
C. Any rate proposed by the airline or airlines of either contracting parly
shall be filed with the aeronautical authorities of both contracting parties at
AIR TRANSPORT SERVICES— MAY 13, 1949 965
least thirty (30) days before the proposed date of introduction; provided
that this period of thirty (30) days may be reduced in particular cases if so
agreed by the aeronautical authorities of both contracting parties.
D. The Civil Aeronautics Board of the United States having approved
the traffic conference machinery of the International Air Transport Associa-
tion (hereinafter called IATA) for a period of two years beginning in Febru-
ary 1948, any rate agreements concluded through this machinery during
this period and involving United States airlines will be subject to approval of
the Board. Rate agreements concluded through this machinery will also be
subject to the approval of the aeronautical authorities of Switzerland pursu-
ant to the principles enunciated in paragraph B above.
E. The contracting parties agree that the procedure described in para-
graphs F, G and H of this Section shall apply :
1 ) if during the period of the Civil Aeronautics Board's approval of the
IATA traffic conference machinery, either any specific rate agreement is not
approved within a reasonable time by either contracting party or a confer-
ence of IATA is unable to agree on a rate, or
2) at any time no IATA machinery is applicable, or
3) if either contracting party at any time withdraws or fails to renew
its approval of that of the IATA Traffic Conference machinery relevant to
this Section.
F. In the event that power is conferred by law upon the aeronautical
authorities of the United States to fix fair and economic rates for the transport
of persons and property by air on international services and to suspend pro-
posed rates in a manner comparable to that in which the Civil Aeronautics
Board at present is empowered to act with respect to such rates for the trans-
port of persons and property by air within the United States, each of the
contracting patries shall thereafter exercise its authority in such manner as to
prevent any rate or rates proposed by one of its airlines of services from the
territory of the other contracting party from becoming effective, if in the
judgment of the aeronautical authorities of the contracting party whose air-
line or airlines is or are proposing such rate, that rate is unfair or uneconomic.
If one of the contracting parties on receipt of the notification referred to in
paragraph C above is dissatisfied with the rate proposed by the airline or
airlines of the other contracting party, it shall so notify the other contracting
party prior to the expiry of the first fifteen (15) days of the thirty (30) days
referred to, and the contracting parties shall endeavor to reach agreement
on the appropriate rate.
In the event that such agreement is reached, each contracting party will
exercise its best efforts to put such rate into effect as regards its airline or
airlines.
If agreement has not been reached at the end of the thirty (30) day
966 SWITZERLAND
period referred to in paragraph C above, the proposed rate may, unless the
aeronautical authorities of the country of the airline concerned see fit to
suspend its application, go into effect provisionally pending the settlement of
any dispute in accordance with the procedure outlined in paragraph H
below.
G. Prior to the time when such power may be conferred by law upon
the aeronautical authorities of the United States, if one of the contracting
parties is dissatisfied with any rate proposed by the airline or airlines of either
contracting party for services from the territory of one contracting party to
a point or points in the territory of the other contracting party, it shall so
notify the other prior to the expiry of the first fifteen (15) days of the thirty
(30) day period referred to in paragraph C above, and the contracting
parties shall endeavor to reach agreement on the appropriate rate.
In the event that such agreement is reached, each contracting party will
use its best efforts to cause such agreed rate to be put into effect by its airline
or airlines.
It is recognized that if no such agreement can be reached prior to the
expiry of such thirty (30) days, the contracting party raising the objection to
the rate may take such steps as it may consider necessary to prevent the
inauguration or continuation of the service in question at the rate com-
plained of.
H. When in any case under paragraphs F and G above the aeronautical
authorities of the two contracting parties cannot agree within a reasonable
time upon the appropriate rate after consultation initiated by the complaint
of one contracting party concerning the proposed rate or an existing rate of
the airline or airlines of the other contracting party, upon the request of either,
both contracting parties shall submit, at the request of either party, the ques-
tion in dispute to arbitration as provided for in Article 10 of the Agreement.
SCHEDULE
1. An airline designated by the Government of the United States of
America shall be entitled to operate air services on the air route specified via
intermediate points, in both directions, and to make scheduled landings in
Switzerland at the points specified in this paragraph:
The United States, over a North Atlantic route to Geneva and Zurich
and beyond.
2. An airline designated by the Swiss Federal Air Office shall be entitled
to operate air services on the air route specified via intermediate points, in
both directions, and to make scheduled landings in the United States at the
points specified in this paragraph :
AIR TRANSPORT SERVICES— MAY 13, 1949 967
Switzerland, over a North Atlantic route via Ireland or the Azores and
Newfoundland to New York and Chicago.
3. Points on any of the specified routes may, at the option of the desig-
nated airline, be omitted on any or all flights.
The Chief of the Federal Political Department to the American Minister
[translation]
THE CHIEF
OP THE
FEDERAL POLITICAL DEPARTMENT
Bern, May 13, 1949
Mr. Minister:
In a letter dated today you were so good as to propose to me that a new
text be substituted for the present Annex to the Interim Agreement between
the United States of America and Switzerland relating to Air Transport Serv-
ices, dated August 3, 1945. I have taken note of the fact that such text was
the subject of conversations between representatives of the Swiss Federal
Authorities and representatives of the American Authorities.
I have the honor to inform Your Excellency that the Swiss Federal Council
approves the text in question and that it considers it to be in force as of the
present date, in accordance with article 9 of the agreement.
Accept, Mr. Minister, the assurances of my high consideration.
Max Petitpierre
His Excellency
John Carter Vincent
Minister of the United States of America
Bern
SETTLEMENT OF CERTAIN WAR CLAIMS
Exchange of notes at Washington October 21, 1949
Entered into force October 21, 1949
Terminated upon execution of its terms 1
64 Stat. (3) B1097; Treaties and Other
International Acts Series 2112
The Secretary of State to the Swiss Minister
Department of State
Washington
October 21, 1949
Sir:
I have the honor to refer to previous correspondence, and also to oral dis-
cussions between officials of your Government and the Government of the
United States concerning claims asserted by your Government for compensa-
tion for losses and damages inflicted on persons and property in Switzerland
during World War II by units of the United States armed forces in violation
of neutral rights.
On behalf of the United States Government, I wish to offer to your Gov-
ernment in full and final settlement of the balance due on all claims of the
character referred to in the preceding paragraph the sum of 62,176,433.06
Swiss francs, which includes interest through October 21, 1949. The offer
is made with the understanding that the Swiss Government accepts responsi-
bility for making payment of the individual claims involved.
I would appreciate being advised whether the Swiss Government agrees to
the proposed settlement. Upon the receipt of a note from you indicating the
approval of your Government, it will be considered that these notes record
the understanding of the two governments with respect to the matter.
Accept, Sir, the renewed assurances of my highest consideration.
Dean Acheson
The Honorable
Charles Bruggmann
Minister of Switzerland
1 By note of Oct. 24, 1949, the Swiss Legation informed the Secretary of State that since
Oct. 21, 1949, "the balance on all claims has been paid to the Departement Politique
Federal in Berne."
968
WAR CLAIMS— OCTOBER 21, 1949 969
The Swiss Minister to the Secretary of State
LEGATION DE SUISSE
WASHINGTON, D.C.
October 21, 1949
Sir:
I have the honor to acknowledge receipt of your note of this date, and to
inform you that my Government agrees to the terms proposed therein :
In full and final settlement of the balance due on all claims asserted by
my Government, for compensation for losses and damages inflicted on persons
and property in Switzerland during World War II by units of the United
States armed forces in violation of neutral rights, the sum of 62,176,433.06
Swiss francs, which includes interest through October 21, 1949. The settle-
ment is made with the understanding that my Government accepts responsi-
bility for making payment of the individual claims involved.
Accept, Sir, the renewed assurances of my highest consideration.
Bruggmann
The Honorable
Dean G. Acheson
Secretary of State
Syria
RIGHTS OF AMERICAN NATIONALS
Exchange of notes at Damascus September 7 and 8, 1944
Entered into force September 8, 1944
58 Stat. 1491 ; Executive Agreement Series 434
The American Diplomatic Agent to the Minister of Foreign Affairs
Legation of the
United States of America
September 7, 1944
Excellency:
I have the honor to inform Your Excellency that my Government has
observed with friendly and sympathetic interest the accelerated transfer of
governmental powers to the Syrian and Lebanese Governments since Novem-
ber 1943 and now takes the view that the Syrian and Lebanese Governments
may now be considered representative, effectively independent and in a
position satisfactorily to fulfil their international obligations and responsibili-
ties.
The United States is, therefore, prepared to extend full and unconditional
recognition of the independence of Syria, upon receipt from Your Excellency's
Government of written assurances that the existing rights of the United States
and its nationals, particularly as set forth in the treaty of 1924 between the
United States and France,2 are fully recognized and will be effectively con-
tinued and protected by the Syrian Government, until such time as appropri-
ate bilateral accord may be concluded by direct and mutual agreement
between the United States and Syria.
1 Certain agreements between the United States and France were, or are, applicable also
to Syria. See ante, vol. 7, p. 763, FRANCE
2 TS 695, ante, vol. 7, p. 925, FRANCE.
970
RIGHTS OF AMERICAN NATIONALS— SEPT. 7 AND 8, 1944 971
I am to add that, following the receipt of such assurances, my Government
proposes to appoint an Envoy Extraordinary and Minister Plenipotentiary as
its representative near the Syrian Government and would be pleased to re-
ceive in the United States a diplomatic representative of Syria of the same
grade.
Accept, Excellency, the renewed assurance of my highest consideration.
G. Wadsworth
His Excellency
Jamil Bey Mardam Bey
Minister for Foreign Affairs of the
Republic of Syria
Damascus.
The Minister of Foreign Affairs to the American Diplomatic Agent
REPUBLIQUE SYRIENNE
MINISTERE
DES AFFAIRES ETRANGERES
Damas, le 8/9/44
Sir,
I have the honour to inform you that I have received with satisfaction your
note dated 7th. September, 1944, in which you conveyed the view of the
United States Government that the Syrian Government may now be con-
sidered representative, effectively independent and in a position satisfactorily
to fulfil her international obligations and responsibilities ; and that therefore
the United States is prepared to extend full and unconditional recognition
of the independence of Syria, upon receipt of written assurances that the
existing rights of the United States and its nationals, particularly as set forth
in the Treaty of 1924 between the United States and France, are fully recog-
nised and will be effectively continued and protected by the Syrian Govern-
ment, until such time as appropriate bilateral accord may be concluded by
direct and mutual agreement between the United States and Syria.
The Syrian Government have taken note of the friendly attitude of the
United States Government, and they highly appreciate this noble geste. It
is my pleasant task to convey to you the assurances of the Syrian Government
that the existing rights of the United States and its nationals, particularly as
set forth in the Treaty of 1924 between the United States and France, are
fully recognized and will be effectively continued and protected, until such
time as appropriate bilateral accord may be concluded by direct and mutual
agreement between Syria and the United States.
I have the honour to add that the Syrian Government welcome the pro-
posed appointment by the Government of the United States, of an Envoy
Extraordinary and Minister Plenipotentiary as representative accredited to
972 SYRIA
the President of the Syrian Republic, and propose to appoint a representative
of the same rank to be accredited near the President of the United States.
I avail myself of this opportunity to renew to you, Sir, the assurances of
my highest consideration.
Jamil Mardam Bey
His Excellency
Mr. George Wadsworth
United States Diplomatic Agent
Damascus
AIR TRANSPORT SERVICES
Agreement, with annex, signed at Damascus April 28, 1947
Entered into force provisionally April 28, 1947; definitively June 21,
1955
Annex amended by agreement of October 22, 1956, and April 30, 1957 1
[For text, see 6 UST 2163; TIAS 3285.]
'8UST673;TIAS3818.
973
Texas
CLAIMS: THE CASE OF THE BRIGS "POCKET"
AND "DURANGO"
Convention signed at Houston April 11, 1838
Ratified by Texas May 3, 1838
Senate advice and consent to ratification June 13, 1838
Ratified by the President of the United States June 21, 1838
Ratifications exchanged at Washington July 6, 1838
Entered into force July 6, 1838
Proclaimed by the President of the United States July 6, 1838
Terminated upon fulfillment of its terms 1
8 Stat. 510; Treaty Series 5 1 0 2
Convention between the Government of the United States of
America and the Government of the Republic of Texas, To
Terminate the Reclamations of the Former Government for
the Capture, Seizure and Detention of the Brigs Pocket and
Durango, and for Injuries Suffered by American Citizens
on Board the Pocket
Alcee La Branche, Charge d' Affaires of the United States of America,
near the Republic of Texas, acting on behalf of the said United States of
America, and R. A. Irion, Secretary of State of the Republic of Texas, acting
on behalf of the said Republic, have agreed to the following articles.
Art. 1 . The Government of the Republic of Texas, with a view to satisfy
the aforesaid reclamations for the capture, seizure and confiscation of the
two vessels aforementioned, as well as for indemnity to American citizens
who have suffered injuries from the said Government of Texas, or its officers,
1 On Dec. 12, 1838, the United States was informed that the convention had been
published at Houston; the amount due, with interest, in all $12,455, was duly paid.
"For a detailed study of this convention, see 4 Miller 125.
974
CLAIMS— APRIL 11, 1838 975
obliges itself to pay the sum of eleven thousand, seven hundred and fifty
dollars, ($11750.), to the Government of the United States of America, to
be distributed amongst the claimants, by the said Government of the United
States of America.
Art 2. The sum of eleven thousand, seven hundred and fifty dollars,
($11750.), agreed on in the 1st. Art., shall be paid in gold or silver, with
interest at six per cent., one year after the exchange of the ratifications of
this convention. The said payment shall be made, at the seat of Government
of the Republic of Texas, into the hands of such person or persons as shall
be duly authorized by the Government of the United States of America to
receive the same.
Art. 3. The present convention shall be ratified, and the ratifications
thereof shall be exchanged in the city of Washington, in the space of three
months from this date, or sooner if possible.
In faith whereof the parties above-named have respectively subscribed these
articles, and thereto affixed their seals.
Done at the city of Houston, on the eleventh day of the month of April,
one thousand, eight hundred and thirty eight.
Alcee La Branche [seal]
R. A. Irion [seal]
308-582—73 63
BOUNDARY
Convention signed at Washington April 25, 1838
Senate advice and consent to ratification May 10, 1838
Ratified by Texas May 25, 1838
Ratified by the President of the United States October 4, 1838
Ratifications exchanged at Washington October 12, 1838
Entered into force October 12, 1838
Proclaimed by the President of the United States October 13, 1838
Made obsolete December 29, 1845, upon admission of Texas to the
Union
8 Stat. 511; Treaty Series 356 J
Whereas the treaty of limits made and concluded on the twelfth day of
January, in the year of our Lord one thousand eight hundred and twenty-
eight,2 between the United States of America on the one part and the United
Mexican States on the other, is binding upon the Republic of Texas, the
same having been entered into at a time when Texas formed a part of the
said United Mexican States;
And whereas it is deemed proper and expedient, in order to prevent future
disputes and collisions between the United States and Texas in regard to the
boundary between the two countries as designated by the said treaty, that a
portion of the same should be run and marked without unnecessary delay:
The President of the United States has appointed John Forsyth their
Plenipotentiary, and the President of the Republic of Texas has appointed
Memucan Hunt its Plenipotentiary;
And the said Plenipotentiaries, having exchanged their full powers, have
agreed upon and concluded the following articles :
Article I
Each of the contracting parties shall appoint a commissioner and sur-
veyor, who shall meet, before the termination of twelve months from the ex-
change of the ratifications of this convention, at New Orleans, and proceed to
run and mark that portion of the said boundary which extends from the
1 For a detailed study of this convention, see 4 Miller 133.
3 TS 202, ante, vol. 9, p. 760, MEXICO.
976
BOUNDARY— APRIL 25, 1838 977
mouth of the Sabine, where that river enters the Gulph of Mexico, to the Red
River. They shall make out plans and keep journals of their proceedings,
and the result agreed upon by them shall be considered as part of this con-
vention, and shall have the same force as if it were inserted therein. The two
Governments will amicably agree respecting the necessary articles to be fur-
nished to those persons, and also as to their respective escorts, should such
be deemed necessary.
Article II
And it is agreed that until this line shall be marked out, as is provided
for in the foregoing article, each of the contracting parties shall continue to
exercise jurisdiction in all territory over which its jurisdiction has hitherto
been exercised; and that the remaining portion of the said boundary line
shall be run and marked at such time hereafter as may suit the convenience of
both the contracting parties, until which time each of the said parties shall
exercise, without the interference of the other, within the territory of which
the boundary shall not have been so marked and run, jurisdiction to the
same extent to which it has been heretofore usually exercised.
Article III
The present convention shall be ratified, and the ratifications shall be ex-
changed at Washington, within the term of six months from the date thereof,
or sooner if possible.
In witness whereof we, the respective Plenipotentiaries, have signed the
same, and have hereunto affixed our respective seals.
Done at Washington this twenty-fifth day of April, in the year of our Lord
one thousand eight hundred and thirty-eight, in the sixty-second year of the
Independence of the United States of America, and in the third of that of
the Republic of Texas.
John Forsyth [seal]
Memucan Hunt [seal]
Thailand l
AMITY AND COMMERCE
Treaty signed at Bangkok March 20, 1833
Senate advice and consent to ratification June 30, 1834
Ratified by the President of the United States January 3, 1835
Ratified by Siarn April 14, 1836
Ratifications exchanged at Bangkok April 14, 1836
Entered into force April 14, 1836
Proclaimed by the President of the United States June 24, 1837
Modified by treaty of May 29, 1856 2
Replaced September 1, 1921, by treaty of December 16, 1920 3
8 Stat. 454; Treaty Series 321 *
Treaty of Amity and Commerce between His Majesty the Magnif-
icent King of Siam and the United States of America
His Majesty the Sovereign and Magnificent King in the City of Siayuthia
has appointed the Chau-Phaya Phraklang one of the first Ministers of State,
to treat with Edmund Roberts, Minister of the United States of America,
who has been sent by the Government thereof on its behalf, to form a Treaty
of sincere friendship and entire good faith between the two nations. For this
purpose the Siamese and the Citizens of the United States of America, shall,
with sincerity, hold commercial intercourse in the Ports of their respective
nations, as long as Heaven and Earth shall endure.
This Treaty is concluded on Wednesday the last of the fourth month of
the year 1194 called Pimarong chattavasok (or the year of the Dragon)
corresponding to the twentieth day of March, in the year of our Lord 1833.
One original is written in Siamese, the other in English; but as the Siamese
1 The name of the Kingdom of Siam was changed to Thailand on June 24, 1939.
3 TS 322, post, p. 982.
3TS 655, post, p. 997.
* For a detailed study of this treaty, see 3 Miller 741.
978
AMITY AND COMMERCE— MARCH 20, 1833 979
are ignorant of English, and the Americans of Siamese, a Portuguese & a
Chinese translation are annexed, to serve as testimony to the contents of the
Treaty. The writing is of the same tenor & date in all the languages aforesaid :
it is signed on the one part, with the name of the Chau-Phaya Phraklang,
and sealed with the seal of the Lotus flower of glass ; on the other part it is
signed with the name of Edmund Roberts, and sealed with a seal containing
an Eagle and stars.
One copy will be kept in Siam, and another will be taken by Edmund
Roberts to the United States. If the Government of the United States shall
ratify the said Treaty, and attach the seal of the Government, then Siam will
also ratify it on its part, and attach the seal of its Government.
Article I. There shall be a perpetual peace between the United States
of America and the Magnificent King of Siam.
Article II. The Citizens of the United States shall have free liberty to
enter all the Ports of the Kingdom of Siam, with their cargoes of whatever
kind the said cargoes may consist ; and they shall have liberty to sell the same
to any of the subjects of the King, or others, who may wish to purchase the
same; or to barter the same for any produce or manufacture of the Kingdom,
or other articles that may be found there. No prices shall be fixed by the
officers of the King on the articles to be sold by the merchants of the United
States, or the merchandize they may wish to buy : but the trade shall be free
on both sides, to sell, or buy, or exchange, on the terms and for the prices the
owners may think fit. Whenever the said Citizens of the United States shall
be ready to depart, they shall be at liberty so to do, and the proper officers
shall furnish them with passports — provided always there be no legal impedi-
ment to the contrary. Nothing contained in this article shall be understood
as granting permission to import & sell munitions of war to any person except-
ing to the King, who if he does not require, will not be bound to purchase
them : neither is permission granted to import opium,5 which is contraband,
or to export rice, which cannot be embarked as an article of commerce. These
only are prohibited.
Article III. Vessels of the United States entering any Port within His
Majesty's dominions, and selling, or purchasing cargoes of merchandize, shall
pay in lieu of import and export duties, tonnage, license to trade, or any other
charge whatever, a measurement duty, only, as follows. The measurement
shall be made from side to side, in the middle of the Vessel's length, and if
a single-decked vessel, on such single deck, — if otherwise, on the lower deck.
On every vessel selling merchandize, the sum of one Thousand Seven
Hundred Ticals or Bats shall be paid, for every Siamese Fathom in breadth
so measured, — the said Fathom being computed to contain Seventy Eight
English or American Inches; corresponding to Ninety-Six Siamese Inches: —
but if the said vessel should come without merchandize, and purchase a cargo
B For a modification, see art. VIII of agreement of May 29, 1856 (TS 322), post, p. 985.
980 THAILAND
with specie only, she shall then pay the sum of Fifteen Hundred Ticals, or
Bats, for each and every fathom before described. Furthermore, neither the
aforesaid measurement duty, nor any other charge whatever, shall be paid
by any vessel of the United States that enters a Siamese Port for the purpose
of refitting or for refreshments, or to enquire the state of the market.5
Article IV. If hereafter the duties payable by foreign vessels be dimin-
ished in favor of any other Nation, the same diminution shall be made in
favor of the vessels of the United States.
Article V. If any vessel of the United States shall suffer shipwreck on
any part of the Magnificent King's dominions, the persons escaping from the
wreck shall be taken care of and hospitably entertained at the expense of the
King, until they shall find an opportunity to be returned to their country;
and the property saved from such wreck shall be carefully preserved and re-
stored to its owners : — and the United States will repay all expenses incurred
by His Majesty on account of such wreck.
Article VI. If any citizen of the United States coming to Siam for the
purpose of trade shall contract debts to any individual of Siam, or if any
indixidual of Siam shall contract debts to any citizen of the United States, the
debtor shall be obliged to bring forward and sell all his goods, to pay his
debts therewith. When the product of such bona fide sale shall not suffice,
he shall no longer be liable for the remainder; nor shall the creditor be able
to retain him as a slave, imprison, flog, or otherwise punish him, to compel
the payment of any balance remaining due; but shall leave him at perfect
liberty.
Article VII. Merchants of the United States coming to trade in the
Kingdom of Siam, and wishing to rent houses therein, shall rent the King's
factories, and pay the customary rent of the country. If the said merchants
bring their goods on shore, the King's Officers shall take account thereof,
but shall not levy any duty thereupon.
Article VIII. If any Citizens of the United States, or their vessels or
other property, shall be taken by pirates, and brought within the dominions
of the Magnificent King, the persons shall be set at liberty, and the property
restored to its owners.
Article IX. Merchants of the United States, trading in the Kingdom
of Siam, shall respect and follow the laws and customs of the Country, in
all points.
Article X. If hereafter any foreign Nation, other than the Portuguese,
shall request and obtain His Majesty's consent to the appointment of Con-
suls to reside in Siam, the United States shall be at liberty to appoint Consuls
to reside in Siam, equally with such other foreign Nation.
[royal seal [seal of minister
of siam] of foreign affairs]
Edmund Roberts [seal]
AMITY AND COMMERCE— MARCH 20, 1833 981
Whereas the undersigned Edmund Roberts, a Citizen of Portsmouth, in
the State of New Hampshire, in the United States of America, being duly
appointed an Envoy, by Letters Patent, under the Signature of the President
and Seal of the United States of America, bearing date at the City of Wash-
ington the twenty-sixth day of January AD. 1832, — for negotiating and con-
cluding a Treaty of Amity and Commerce, between the United States of
America and His Majesty the King of Siam; — Now Know Ye, that I,
Edmund Roberts, Envoy as aforesaid, do conclude the foregoing Treaty of
Amity and Commerce, and every Article and Clause therein contained,
reserving the same, nevertheless, for the final ratification of the President of
the United States of America, by and with the advice and consent of the
Senate of the said United States.
Done at the Royal City of Sia Yuthia (commonly called Bankok) , on the
twentieth day of March in the Year of our Lord one thousand eight hundred
and thirty-three, and of the Independence of the United States of America
the fifty-seventh.
Edmund Roberts
AMITY AND COMMERCE
Treaty, with general regulations and tariff of export and import duties,
signed at Bangkok May 29, 1856, modifying treaty of March
20, 1833; agreement adding regulation VII signed at Bangkok
June 15, 1857
Entered into force May 29, 1856
Senate advice and consent to ratification of treaty, with an amendment,
March 13, 1857 a
Ratified by the President of the United States, with an amendment,
March 16, 1857 a
Ratified bySiam June 15, 1857
Ratifications exchanged at Bangkok June 15, 1857
Proclaimed by the President of the United States August 16, 1858
Regulation I modified by agreement of December 17 and 31, 1867 2
Replaced September 1, 1921, by treaty of December 16, 1920 3
1 1 Stat. 683 ; Treaty Series 322 4
Treaty
The President of the United-States of America, and their Majesties Phra-
Bard, Somdetch, Phra-Paramendr, Maha, Mongkut, Phra, Chom, Klau,
Chau, Yu, Hua, the first King of Siam, and Phra, Bard, Somdetch, Phra,
1 The U.S. amendment called for striking out art. 5. The Government of Siam accepted
this deletion only after it was agreed (see p. 990) to add the language of art. 5 as regula-
tion VII.
2 TS 323, post, p. 992.
3 TS 655, post, p. 997.
* For a detailed study of this treaty and an explanation of a second Senate resolution
of advice and consent dated June 15, 1858, see 7 Miller 329.
982
AMITY AND COMMERCE— MAY 29, 1856 983
Pawarendr, Ramesr, Mahiswaresr, Phra, Pin, Klau, Chau, Yu, Hua the
Second King of Siam, desiring to establish upon firm and lasting foundations,
the relations of peace and friendship existing between the two Countries, and
to secure the best interest of their respective citizens and subjects, by encour-
aging, facilitating and regulating their industry and trade have resolved to
conclude a Treaty of Amity and Commerce for this purpose and have there-
fore named as their Plenipotentiaries that is to say:
The President of the United States, Townsend Harris Esquire of New
York, Consul-General of the United States of America for the Empire of
Japan,
And their Majesties the First and Second Kings of Siam, His Royal High-
ness, the Prince Krom Hluang, Wongsa, Dhiraj, Snidh,
His Excellency Somdetch, Chau, Phaya, Param, Maha, Bijai, Neate,
His Excellency Chau, Phaya, Sri, Suriwongse, Samuha, Phra, Kralahom,
His Excellency Chau, Phaya, Rawe, Wongee, Maha, Kosa, Dhipade, the
Phra Klang,
His Excellency Chau, Phaya, Yomray, the Lord Mayor.
who after having communicated to each other their respective full powers
and found them to be in good and due form, have agreed upon and con-
cluded the following articles :
Article I. There shall henceforward be perpetual peace and friend-
ship, between the United States, and their Majesties the First and Second
Kings of Siam and their successors.
All American Citizens coming to Siam, shall receive from the Siamese
Government full protection and assistance, to enable them to reside in Siam,
in all security, and trade with every facility free from oppression or injury on
the part of the Siamese. In as much as Siam has no ships, trading to the Ports
of the United States, it is agreed that the ships of war of the United States
shall render friendly aid and assistance to such Siamese vessels as they may
meet on the high seas, so far as can be done, without a breach of neutrality
and all American Consuls, residing at Ports, visited by Siamese vessels, shall
also give them such friendly aid, as may be permitted by the laws, of the
respective Countries in which they reside.
Article II. The interests of all American Citizens, coming to Siam, shall
be placed under the regulations and control of a Consul, who will be
appointed to reside at Bangkok. He will himself conform to and will enforce
the observance by American Citizens, of all the provisions of this Treaty, and
such of the former Treaty, negociated by Mr. Edmund Roberts in 1833,5
1 Treaty signed at Bangkok Mar. 20, 1833 (TS 321, ante, p. 978) .
308-582 — 73— 6 1
984 THAILAND
as shall still remain in operation. He shall also give effect to all rules and regu-
lations as are now or may hereafter be enacted for the government of Ameri-
can Citizens in Siam, the conduct of their trade, and for the prevention of
violations of the laws of Siam. Any disputes arising between American Citi-
zens and Siamese Subjects, shall be heard and determined by the Consul in
conjunction with the proper Siamese Officers; and criminal offences will be
punished in the case of American Offenders, by the Consul, according to
American laws, and in the case of Siamese Offenders, by their own laws,
through the Siamese Authorities. But the Consul shall not interfere in any
matters, referring solely to Siamese, neither will the Siamese Authorities inter-
fere in questions, which only concern the Citizens of the United States.
Article III. If Siamese in the employ of American Citizens, offend
against the laws of their country, or if any Siamese having so offended, or de-
siring to desert, take refuge with American Citizens in Siam, they shall be
searched for, and upon proof of their guilt or desertion, shall be delivered up,
by the Consul, to the Siamese Authorities. In like manner, any American
Offenders, resident or trading in Siam, who may desert, escape to, or hide
themselves in Siamese Territory shall be apprehended and delivered over,
to the American Consul, on his requisition.
Article IV. American Citizens are permitted to trade freely in all the
Sea-ports of Siam, but may reside permanently only at Bangkok, or within the
limits assigned by this Treaty.
American Citizens coming to reside at Bangkok, may rent land and buy
or build houses, but cannot purchase land within a circuit of two hundred
Seng (not more than four Miles English) from the city walls, until they shall
have lived in Siam for ten years, or shall obtain special authority from the
Siamese Government, to enable them to do so. But with the exception of this
limitation, American Residents in Siam, may at any time buy or rent houses,
lands or plantations, situated anywhere within a distance of twenty four hours
journey from the city of Bangkok, to be computed by the rate at which boats
of the country can travel. In order to obtain possession of such lands or
houses, it will be necessary that the American Citizens shall, in the first place,
make application through the Consul, to the proper Siamese Officer, and the
Siamese Officer and the Consul having satisfied themselves of the honest
intentions of the Applicant, will assist him in settling, upon equitable terms,
the amount of the purchase money, will make out and fix the boundaries
of the property, and will convey the same to the American Purchaser, under
sealed deeds, whereupon he and his property shall be placed under the pro-
tection of the Governor of the District and that of the particular local Authori-
ties: He shall conform in ordinary matters to any just direction given him
by them, and will be subject to the same taxation, that is levied on Siamese
AMITY AND COMMERCE— MAY 29, 1856 985
Subjects. But if, through negligence, the want of capital, or other cause, an
American Citizen should fail to commence the cultivation, or improvements
of the lands so acquired, within a term of three years, from the date of
receiving possession thereof, the Siamese government shall have the power
of resuming the property, upon returning to the American Citizen the pur-
chase money paid by him for the same.
Article V.6
Article VI. All American Citizens, visiting, or residing, in Siam, shall
be allowed the free exercise of their religion; and liberty to build places of
worship, in such localities as shall be consented to by the Siamese Authorities.
The Siamese Government will place no restriction upon the employment,
by the Americans, of Siamese Subjects as servants, or in any other capacity.
But wherever a Siamese Subject, belongs or owes service to some particular
master, the servant who engages himself to an American Citizen without
the consent of his master may be reclaimed by him, and the Siamese Govern-
ment will not enforce an agreement between an American Citizen and any
Siamese in his employ, unless made with the knowledge and consent of the
master, who has a right to dispose of the services of the person engaged.
Article VII. American ships of war may enter the river and anchor
at Paknam, but they shall not proceed above Paknam, unless with the consent
of the Siamese authorities, which shall be given where it is necessary that a
ship, shall go into Dock for repairs. Any American ship of war, conveying to
Siam, a public functionary, accredited by the American Government to the
Court of Bangkok, shall be allowed to come up to Bangkok, but shall not pass
the Forts called Phra-chamit and Pit-pach-nuck, unless expressly permitted
to do so by the Siamese Government. But in the absence of an American ship
of war, the Siamese Authorities engage to furnish the Consul, with a force
sufficient to enable him to give effect to his authority over American Citizens
and to enforce discipline among American shipping.
Article VIII. The measurement duty, hitherto paid, by American ves-
sels, trading to Bangkok, under the Treaty of 1833/ shall be abolished from
the date of this Treaty coming into operation, and American shipping or trade
will thenceforth only be subject to the payment of Import and Export Duties
on the goods landed or shipped. On the articles of Import, the duty shall be
three per cent, payable at the option of the Importer, either in kind or money,
'See footnote l,p. 982.
TS 321, an**, p. 979.
986 THAILAND
calculated upon the market value of the goods. Drawback of the full amount
of duty shall be allowed upon goods found unsaleable and reexported. Should
the American Merchant and the Custom house officers disagree as to the
value to be set upon imported articles, such disputes shall be referred to the
Consul and a proper Siamese Officer, who shall each have the power to call
in an equal number of merchants as assessors, not exceeding two, on either
side, to assist them in coming to an equitable decision.
Opium may be imported free of duty, but can only be sold to the opium
farmer or his agents. In the event of no arrangement being effected with
them for the sale of the opium, it shall be reexported and no impost or duty
levied thereon. Any infringement of this regulation shall subject the Opium to
seazure and confiscation.
Articles of Export from the time of production to the date of shipment,
shall pay one Impost only, whether this be levied under the name of Inland
tax, Transit duty or duty on exportation. The tax or duty to be paid on
each article of Siamese produce, previous to, or upon exportation, is specified
in the Tariff" attached to this Treaty; and it is distinctly agreed, that goods
or produce, that pay any description of tax in the Interior, shall be exempted
from any further payment of duty on exportation. American Merchants are
to be allowed to purchase directly from the producer, the articles in which
they trade and in like manner to sell their goods directly to the parties,
wishing to purchase the same without the interference in either case of any
other Person.
The rates of duty laid down in the Tariff attached to this Treaty are those
that are now paid upon goods or produce, shipped in Siamese or Chinese
vessels or junks; and it is agreed that American Shipping shall enjoy all
the privileges now exercised by, or which hereafter may be granted to Siamese
or Chinese vessels or junks.
American Citizens will be allowed to build ships in Siam, on obtaining
permission to do so from the Siamese authorities.
Whenever a scarcity may be apprehended of Salt, Rice and Fish, the
Siamese Government reserve to themselves, the right of prohibiting by public
proclamation, the exportation of these articles, giving 30 days (say Thirty
days) notice except in case of war.
Bullion or personal effects, may be imported or exported free of charge.
Article IX. The code of Regulations appended to this Treaty shall
be enforced by the Consul with the cooperation of the Siamese Authorities,
and they, the said Authorities and Consul shall be enabled to introduce any
further Regulations, which may be found necessary in order to give effect
to the objects of this Treaty.
All fines and penalties inflicted for infraction of the provisions and regula-
tions of this Treaty shall be paid to the Siamese government.
AMITY AND COMMERCE— MAY 29, 1856 987
Article X. The American Government and its citizens, will be allowed
free and equal participation in any privileges that may have been, or may
hereafter be granted by the Siamese Government to the Government, Citi-
zens or Subjects of any other nation.
Article XI. After the lapse of ten years from the date of the ratifica-
tion of this Treaty, upon the desire of either the American or Siamese Gov-
ernment, and on twelve months notice given by either Party, the present and
such portions of the Treaty of 1833, as remain unrevoked by this Treaty,
together with the Tariff and Regulations thereunto annexed, or those that
may hereafter be introduced, shall be subject to revision by Commissioners,
appointed on both sides for this purpose, who will be empowered to decide
on and insert therein such amendments as experience shall prove to be
desirable.
Article XII. This Treaty executed in English and Siamese, both ver-
sions having the same meaning and intention shall take effect immediately
and the ratifications of the same shall be exchanged at Bangkok, within
eightteen months from the date thereof.
In witness whereof the abovenamed Plenipotentiaries have signed and
sealed the present Treaty in triplicate at Bangkok, on the Twenty Ninth day
of May in the Year One Thousand, Eight Hundred and Fifty Six of the
Christian Era and of the Independence of the United States the Eightieth,
corresponding to the Tenth of the waning Moon of the lunar Month Wesakh
or Sixth Month of the Year of the Quadruped Serpent of the Siamese civil
Era, One Thousand Two Hundred and Eighteen and the Sixth of the Reign
of Their Majesties, the First and Second Kings of Siam.
Townsend Harris [seal]
[Seals and designations of the five Plenipotentiaries of Siam]
GENERAL REGULATIONS UNDER WHICH AMERICAN TRADE IS TO BE CONDUCTED
IN SIAM
Regulation I.8 The master of every American ship, coming to Bangkok
to trade, must either before or after entering the river, as may be found con-
venient, report the arrival of his vessel at the Custom-house at Paknam,
together with the number of his crew and guns, and the Port, from whence
he comes. Upon anchoring his vessel at Paknam, he will deliver into the
custody of the custom-house Officers all his guns and ammunition, and a
custom-house officer, will then be appointed to the vessel, and will proceed
in her to Bangkok.
Regulation II. A vessel passing Paknam, without discharging her
8 For a modification of regulation I, see TS 323, post, p. 992.
988 THAILAND
guns and ammunition, as directed in the foregoing regulation, will be sent
back to Paknam to comply with its provisions, and will be fined Eight-hun-
dred ticals for having so disobeyed. After delivery of her guns and ammuni-
tion she will be permitted to return to Bangkok to trade.
Regulation III. When an American vessel shall have cast anchor at
Bangkok, the master, unless a Sunday should intervene, will, within four
and twenty hours after arrival, proceed to the American Consulate and de-
posit there his ship's papers, bills of lading &c, together with a true manifest
of his Import Cargo; and upon the Consul's reporting these particulars
to the Custom-house permission to break bulk will at once be given by the
latter.
For neglecting so to report his arrival, or for presenting a false manifest, the
master will subject himself in each instance to a penalty of four hundred
ticals ; but he will be allowed to correct within twenty-four hours after delivery
of it to the Consul, any mistake he may discover in his manifest, without
incurring the above-mentioned penalty.
Regulation IV. An American vessel breaking bulk, and commencing
to discharge before due permission shall be obtained, or smuggling either,
when in the river or outside the bar, shall be subject to the penalty of eight-
hundred ticals, and confiscation of the goods so smuggled or discharged.
Regulation V. As soon as an American vessel shall have discharged her
Cargo, and completed her outward lading, paid all her duties and delivered
a true manifest of her outward cargo to the American Consul, a Siamese
port-clearance shall be granted her, on application from the Consul, who, in
the absence of any legal impediment to her departure, will then return to
the master his ship's papers, and allow the vessel to leave. A custom-house
officer will accompany the vessel to Paknam, and on arriving there, she will
be inspected by the Custom-house Officers of that station, and will receive
from them the guns and ammunition, previously delivered into their charge.
Regulation VI. The American Plenipotentiary having no knowledge
of the Siamese language, the Siamese Government, have agreed that the
English text of these Regulations, together with the Treaty of which they
form a portion, and the Tariff hereunto annexed, shall be accepted as con-
veying in every respect their true meaning and intention.
Townsend Harris [seal]
[Seals and designations of the five Plenipotentiaries of Siam]
TARIFF OF EXPORT AND INLAND DUTIES TO BE LEVIED ON ARTICLES OF TRADE
Section I
The undermentioned articles shall be entirely free from Inland or other
Taxes, on production or transit, and shall pay export duty as follows :
AMITY AND COMMERCE— MAY 29, 1856
989
Tical Sailing Fuang Hun
1 Ivory 10. 0. 0. 0. per pecul
2 Gamboge 6 0. 0. 0.
3 Rhinoceros Horns 50 0. 0. 0.
4 Cardamums best 14. 0. 0. 0.
5 ditto bastard 6. 0. 0. 0.
6 Dried Mussels 1. 0. 0. 0.
7 Pelican's quills 2. 2 0 0
8 Betel nut dried 1. 0. 0. 0.
9 Krachi wood 0. 2. 0. 0.
10 Shark's fins white 6. 0. 0. 0.
1 1 ditto black 3. 0. 0. 0.
12 Lukkrabau seed 0. 2. 0. 0.
13 Peacock's tails 10. 0. 0. 0. p. 100 tails
14 Buffalo & Cow bones 0. 0. 0. 3 per pecul
15 Rhinoceros hides 0. 2. 0. 0. "
16 HideCutdngs 0. 1. 0. 0.
17 Turtle shells 1. 0. 0. 0. "
18 Soft ditto 1. 0. 0. 0.
19 Bechedemer 3. 0. 0. 0.
20 Fish maws 3. 0. 0. 0.
21 Bird's nests uncleaned 20 per cent
22 Kingfisher's feathers 6. 0. 0. 0. per 100
23 Cutch 0. 2. 0. 0. per pecul
24 Beyche seed (nux vomica) 0. 2. 0. 0. "
25 Pungtarai seed 0. 2. 0. 0.
26 Gum Benjamin 4. 0. 0. 0.
27 Angrai bark 0. 2. 0. 0.
28 Agillawood 2. 0. 0. 0. per pecul
29 Ray skins 3. 0. 0. 0. "
30 Old deer's horns 0. 1. 0. 0.
31 Soft or young ditto 10 per cent
32 Deer hides fine 8. 0. 0. 0. per 100 hides
33 ditto common 3. 0. 0. 0. " " "
34 Deer sinews 4. 0. 0. 0. per pecul
35 Buffalo & Cow hides 1. 0. 0. 0.
36 Elephant's bones 1. 0. 0. 0. , "
37 Tiger's bones 5. 0. 0. 0. "
38 Buffalo horns 0. 1. 0. 0. "
39 Elephant's hides 0. 1. 0. 0. "
40 Tiger's skins 0. 1 . 0. 0. per skin
41 Armadillo skins 4. 0. 0. 0. per pecul
42 Sticklac 1. 1. 0. 0.
43 Hemp 1. 2. 0. 0.
44 Dried fish plaheng 1. 2. 0. 0.
45 ditto plasalit 1. 0. 0. 0.
46 Sapan wood 0. 2. 1. 0.
47 Salt meat 2. 0. 0. 0. "
48 Mangrove bark 0. 1. 0. 0. "
49 Rosewood 0. 2. 0. 0. "
50 Ebony 1. 1. 0. 0.
51 Rice 4. 0. 0. 0 per Koyan
Section II
The undermentioned Articles being subject to the Inland or Transit duties,
herein named, and which shall not be increased, shall be exempt from Export
duty.
990 THAILAND
Tical Sailing Fuang Hun
52 Sugar white 0. 2. 0. 0 per pecul
53 ditto red 0. 1. 0. 0 "
54 Cotton clean & uncleaned .... 10. Per Cent
55 Pepper 1. 0. 0. 0. "
56 Salt fish platu 1. 0. 0. 0. per 10,000 fish.
57 Beans and Peas One twelfth
58 Dried Prawns One twelfth
59 Tilseed One twelfth
60 Silk raw One twelfth
61 Bees' -wax One fifteenth
62 Tallow 1. 0. 0. 0. per pecul
63 Salt 6. 0. 0. 0. per Koyan
64 Tobacco 1. 2. 0. 0. per 1 ,000 bundles
Section III
All goods or produce unenumerated in this Tariff shall be free of export
duty, and shall only be subject to one Inland Tax or Transit duty, not exceed-
ing the rate now paid.
Townsend Harris [seal]
[Seals and designations of the five Plenipotentiaries of Siam]
Agreement Adding Regulation VII
Whereas, the Senate of the United States of America has rejected the
Fifth Article of the Treaty negotiated by Townsend Harris, Esquire, Special
Envoy of the said United States, on the one part, and by His Royal High-
ness Krom Hluang Wongsa Dhiraj Snidh, His Excellency Somdetch Chau
Phaya Param Maha Bijai-neate, &c. &c. His Excellency Chau Phaya Sri
Suriwongse Samuha Phra Kralahom, &c. &c., His Excellency Chau Phaya
Rawe Wangse, Maha Kosa Dhipude, &c, the Phra-Klang, and His Excel-
lency Chau Phaya Yomraj, &c. the Lord Mayor, Commissioners of their
Majesties the First and Second Kings of Siam, on the other part, — which said
Treaty was duly signed and sealed at Bangkok, on the twenty-ninth day of
May, 1856; — and
Whereas, the regulations prescribed by the said Fifth Article are deemed
to be essential to the safety and well-being of citizens of the United States
residing or sojourning in Siam, as well as to the good government of the
kingdom of Siam; —
Now, therefore, we, the undersigned, by virtue of the powers vested in
us by the Ninth Article of the aforesaid Treaty, in the words following, to-
wit: "The code of regulations appended to this Treaty shall be enforced by
the Consul, with the cooperation of the Siamese authorities; and they, the
said authorities and consul, shall be enabled to introduce any further regu-
lations which may be found necessary in order to give effect to the objects of
the Treaty", do enact and ordain that the following clause shall be appended
AMITY AND COMMERCE— MAY 29, 1856 991
to the "General Regulations under which American Trade is to be con-
ducted in Siam", — to be numbered "Regulation VII; — which said Regula-
tion shall have the same force and obligation as all the other Regulations
appended to the said Treaty:
Regulation VII
All American citizens intending to reside in Siam shall be registered at
the American consulate; they shall not go out to sea, nor proceed beyond the
limits assigned by the Treaty for the residence of American citizens without
a passport from the Siamese authorities, to be applied for by the /\merican
consul; nor shall they leave Siam if the Siamese authorities show to the
American consul that legitimate objections exist to their quitting the country.
But within the limits appointed under Article IV, of the Treaty, American
citizens are at liberty to travel to and fro under the protection of a pass to be
furnished them by the American consul, and countersealed by the proper
Siamese officer, stating in the Siamese character their names, calling, and
description. The Siamese officers at the government stations in the interior
may at any time call for the production of this pass; and immediately on
its being exhibited they must allow the parties to proceed; but it will be
their duty to detain those persons who, by travelling without a pass from
the consul, render themselves liable to the suspicion of their being deserters,
and such detention shall be immediately reported to the consul.
[Seal and designation of the Phra Klang]
S. Mattoon, U.S. Consul [seal]
AMITY AND COMMERCE
Agreement concluded at Bangkok December 17 and 31, 1867, modify-
ing treaty of May 29, 1856
Entered into force January 1 , 1868
Senate advice and consent to ratification July 25, 1868
Ratified by the President of the United States August 1 1, 1868
Replaced September 1, 1921, by treaty of December 16, 19201
17 Stat. 807; Treaty Series 323
The American Consul to the Assistant Secretary of State
United States Consulate
no. 72 Bangkok, Deer. 31st, 1867
To Hon. F. W. Seward
Assistant Secretary of State, Washington, D.C.
Sir: I have the honor to inform the Department that I have received a
letter from His Excellency Chaw Phaya Praklang, Minister of Foreign
Affairs, informing me that the Royal Counsellors for the Kingdom of Siam
desire to change article first of the Treaty Regulations,2 and that the change
shall go into effect on January 1st, 1868. The article alluded to is as follows,
viz:
"Every shipmaster upon anchoring his vessel at Paknam will deliver into
the custody of the custom-house officers all his guns and ammunition, and a
custom-house officer will then be appointed to the vessel, and will proceed
in her to Bangkok."
The article as changed will require that the powder alone be left at Pak-
nam, but that the guns be allowed to remain in the vessel. I have given my
assent to the change, and all the other Consuls have done the same.
The change is a very advantageous one to shipmasters, as in [the] shipping
and reshipping of their guns, some of which were heavy, was attended with
much delay and expense ; whereas they generally have but a few pounds of
1 TS 655, po*r, p. 997.
2 Regulations appended to treaty of May 29, 1856 (TS 322, ante, p. 987).
992
AMITY AND COMMERCE— DECEMBER 17 AND 31, 1867 993
powder on board, which can be boxed up and put ashore in a very short
time.
I have the honor to be, sir, your obedient servant,
J. M. Hood
U.S. Consul
Minister of Foreign Affairs to the American Consul
To Mr. J. M. Hood, U.S. Consul,
Saying: That the Senabodee of the Kingdom of Siam have considered
this matter, and have come to the conclusion that as they saw that Siam was
near the water, and that trading ships could ascend to the city, for this
reason they asked a clause in the treaties that all guns and powder should be
landed at Paknam before the ship would ascend the river. The Ministers
Plenipotentiary also were of the same opinion, and yielded this point to the
Siamese in the treaties.
When a vessel came in and the Chaw Pausk-nan at Paknam received the
guns and powder off the vessel that [they] found it very difficult to take care
of the powder, and were afraid of an explosion, and for this reason they did
not receive the powder from the vessel, but simply the guns. But now a long
time since the Senabodee are of the opinion that the taking off of the guns at
Paknam is a source of trouble to the vessels, for they took off guns belonging
to many persons, and when the vessels come [came] down again it was often
after night, and when the captains went for their guns the wrong ones were
frequently taken, and when the vessel coming afterwards could not find her
own guns, there was a fuss, and the Siamese officers had frequently to pay for
the guns. Again, the powder was left in the vessels, and they coming up and
anchoring in the river, there was danger of an explosion and injury to the
citizens here.
Therefore the Senabodee have ordered me to write to all the Consuls and
ask that the custom be changed from January 1st, 1868. We ask to take out
the powder of the vessels at Paknam, but the guns can be left in the vessels
and need not be taken out. If you are also of the same opinion, you will
please inform masters of vessels and others under your protection to this
effect. When the vessel comes to Paknam let them take out all the powder,
but if they refuse to let the powder be taken out, and it remains in the vessel,
and there arises any difficulty from that fact, we [beg to] claim indemnity
according to the treaty.
Given Tuesday, December 17th, 1867.
TRAFFIC IN SPIRITUOUS LIQUORS
Agreement signed at Washington May 14, 1884
Senate advice and consent to ratification June 28, 1884
Ratified by the President of the United States June 30, 1884
Ratified by Siam June 30, 1884
Ratifications exchanged at Washington June 30, 1884
Entered into force June 30, 1884
Proclaimed by the President of the United States July 5, 1884
Replaced September 1, 1921, by treaty of December 16, 1920 *
23 Stat. 782 ; Treaty Series 324
Agreements between the Governments of the United States of
America and Siam for Regulating the Traffic in Spirituous
Liquors
The Government of the United States of America and the Government of
His Majesty the King of Siam, being desirous of making satisfactory arrange-
ments for the regulation of the traffic in spirituous liquors in Siam, the under-
signed, duly authorized to that effect, have agreed as follows:
Article I
Spirits of all kinds not exceeding in alcoholic strength those permitted to
be manufactured by the Siamese Government in Siam may be imported and
sold by citizens of the United States on payment of the same duty as that
levied by the Siamese excise laws upon spirits manufactured in Siam; and
spirits exceeding in alcoholic strength spirits manufactured in Siam as afore-
said may be imported and sold upon payment of such duty, and of a pro-
portionate additional duty for the excess of alcoholic strength above the
Siamese Government standard.
Beer and wines may be imported and sold by citizens of the United States
on payments of the same duty as that levied by the Siamese excise laws upon
similar articles manufactured in Siam, but the duty on imported beer and
wines shall in no case exceed 10 per cent, ad valorem.
The said duty on imported spirits, beer, and wines shall be in substitution
of, and not in addition to, the import duty of 3 per cent, leviable under the
1 TS 655, post, p. 997.
994
TRAFFIC IN LIQUORS— MAY 14, 1884 995
existing treaties; and no further duty, tax, or imposition whatever shall be
imposed on imported spirits, beer, and wines.
The scale of excise duty to be levied upon spirits, beer, and wines manu-
factured in Siam shall be communicated by the Siamese Government to the
Minister Resident and Consul-General of the United States at Bangkok, and
no change in the excise duties shall affect citizens of the United States until
after the expiration of six months from the date at which such notice shall
have been communicated by the Siamese Government to the representative
of the United States at Bangkok.
Article II
The testing of spirits imported into the kingdom of Siam by citizens of the
United States shall be carried out by an expert designated by the Siamese
authorities and by an expert designated by the Consul of the United States;
in case of difference the parties shall designate a third person, who shall act
as umpire, whose decision shall be final.
Article III
The Siamese Government may stop the importation by citizens of the
United States into Siam of any spirits which, on examination, shall be proved
to be deleterious to the public health; and they may give notice to the im-
porters, consignees, or holders thereof to export the same within three months
from the date of such notice, and if this is not done the Siamese Government
may seize the said spirits and may destroy them, provided always that in all
such cases the Siamese Government shall be bound to refund any duty which
may have been already paid thereon.
The testing of spirits imported by citizens of the United States, and which
may be alleged to be deleterious, shall be carried out in the manner provided
by Article II.
The Siamese Government engages to take all necessary measures to prohibit
and prevent the sale of spirits manufactured in Siam which may be deleterious
to the public health.
Article IV
Any citizen of the United States who desires to retail spirituous liquors,
beer, or wines in Siam, must take out a special license for that purpose from
the Siamese Government, which shall be granted upon just and reasonable
conditions to be agreed upon from time to time between the two Governments.
Article V
Citizens of the United States shall at all times enjoy the same rights and
privileges in regard to the importation and sale of spirits, beer, wines, and
spirituous liquors in Siam as the subjects of the most favored nation; and
996 THAILAND
spirits, beer, wines, and spirituous liquors coming from the United States
shall enjoy the same privileges in all respects as similar articles coming from
any other country the most favored in this respect.
It is therefore clearly understood that citizens of the United States are not
bound to conform to the provisions of the present agreement to any greater
extent than the subjects of other nations are so bound.
Article VI
Subject to the provisions of Article V, the present Agreement shall come
into operation on a date to be fixed by mutual consent between the two
Governments, and shall remain in force until the expiration of six months'
notice given by either party to determine the same.
The existing treaty engagements between the United States and Siam shall
continue in full force until the present Agreement comes into operation and
after that date, except in so far as they are modified hereby.
Should the present Agreement be terminated, the treaty engagements
between the United States and Siam shall revive, and remain as they existed
previously to the signature hereof.
Article VII
In this agreement the words "citizen of the United States" shall include
any naturalized citizen of the United States, and the words "Consul-General
of the United States" shall include any consular officer of the United States
in Siam.
The present agreement shall be ratified, and its ratification shall be ex-
changed as soon as possible.
In witness whereof, the undersigned have signed the same in duplicate,
and have affixed thereto their seals.
Done at Washington, the fourteenth day of May, 1884, corresponding to
the fifth day of the waning moon of the month of Visagamas, of the year
Wauk, sixth Decade 1 246 of the Siamese astronomical era.
Fred'k T. Frelinghuysen [seal]
Nares Varariddhi [seal]
AMITY AND COMMERCE
Treaty, protocol, and exchange of notes signed at Washington Decem-
ber 16, 1920
Senate advice and consent to ratification April 27, 1921
Ratified by Siam April 29, 1921
Ratified by the President of the United States May 6, 1921
Ratifications exchanged at Bangkok September 1, 1921
Entered into force September 1, 1921
Proclaimed by the President of the United States October 12, 1921
Terminated and replaced October 1, 1938, by treaty of November 13,
1937 1
42 Stat. 1928 ; Treaty Series 655
The President of the United States of America and His Majesty the King
of Siam being desirous of strengthening the relations of amity and good un-
derstanding which happily exist between the two States, and being convinced
that this cannot be better accomplished than by revising the treaties hitherto
existing between the two countries, have resolved to complete such revision,
based upon the principles of equity and mutual benefit, and for that purpose
have named as their Plenipotentiaries, that is to say :
The President of the United States of America : Norman H. Davis, Acting
Secretary of State of the United States,
His Majesty the King of Siam : Phya Prabha Karavongse, Envoy Extraor-
dinary and Minister Plenipotentiary of Siam to the United States;
Who, after having communicated to each other their respective full
powers, found to be in good and due form, have agreed upon the following
articles :
Article 1 2
There shall be constant peace and perpetual friendship between the United
States of America and the Kingdom of Siam. The citizens or subjects of each
of the High Contracting Parties shall have liberty to enter, travel and reside
1 TS 940, post, p. 1016.
2 For an understanding relating to art. I, see exchange of notes, p. 1005.
997
998 THAILAND
in the territories of the other, to carry on trade, wholesale and retail, to en-
gage in religious, educational and charitable work, to own or lease and oc-
cupy houses, manufactories, warehouses and shops, to employ agents of their
choice, to lease land for residential, commercial, religious and charitable pur-
poses and for use as cemeteries, and generally to do anything incident to or
necessary for trade upon the same terms as native citizens or subjects, submit-
ting themselves to the laws and regulations there established.
They shall not be compelled under any pretext whatever, to pay any
internal charges or taxes other or higher than those that are or may be paid
by native citizens or subjects.
The citizens or subjects of each of the High Contracting Parties shall re-
ceive, in the territories of the other, the most constant protection and security
for their persons and property, and shall enjoy in this respect the same rights
and privileges as are or may be granted to native citizens or subjects, on their
submitting themselves to the conditions imposed upon the native citizens or
subjects.
They shall, however, be exempt in the territories of the other from compul-
sory military service either on land or sea, in the regular forces, or in the
national guard, or in the militia; from all contributions imposed in lieu of
personal military service, and from all forced loans or military exactions or
contributions.
The citizens and subjects of both of the High Contracting Parties shall
enjov in the territories and possessions of the High Contracting Parties en-
tire liberty of conscience, and, subject to the laws, ordinances and regula-
tions, shall enjoy the right of private or public exercise of their worship.
Article II
The dwellings, warehouses, manufactories and shops and all other pro-
perty of the citizens or subjects of each of the High Contracting Parties in the
territories of the other, and all premises appertaining thereto used for pur-
poses of residence or commerce, shall be respected. It shall not be allowable
to proceed to make a domiciliary visit to, or a search of, any such buildings
and premises, or to examine or inspect books, papers, or accounts, except un-
der the conditions and with the forms prescribed by the laws, ordinances and
regulations for nationals.
Article III
There shall be reciprocally full and entire freedom of commerce and navi-
gation between the territories and possessions of the two High Contracting
Parties.
The citizens or subjects of either of the High Contracting Parties shall have
liberty freely and securely to come with their ships' cargoes to all places, ports
and rivers in the territories of the other, which are or hereafter may be opened
to foreign commerce and navigation ; except as regards spirituous, distilled or
AMITY AND COMMERCE— DECEMBER 16, 1920 999
fermented drinks or alcoholic liquors or alcohol, and opium and the deriva-
tives thereof and cocaine, heroin and other narcotic drugs, included within
the scope of the International Opium Convention signed at The Hague,
January 23, 1912,3 and arms and ammunition, the trade in all of which may,
subject to the principle of most favored nation treatment, be regulated and
restricted at will by each of the High Contracting Parties within its territories
and possessions, the sale and resale, by any person or organization whatsoever,
of goods which are the produce or manufacture of one of the High Contract-
ing Parties, within the territories and possessions of the other, shall be exempt
from all governmental restrictions and limitations designed or operating to
create or maintain any monopoly or "farm" for the profit either of the Gov-
ernment or of a private individual or organization.
Article IV
The citizens or subjects of each of the High Contracting Parties shall have
free access to the courts of justice of the other in pursuit and defense of their
rights; they shall be at liberty, equally with the native citizens or subjects, and
with the citizens or subjects of the most favored nation, to choose and employ
lawyers, advocates and representatives to pursue and defend their rights be-
fore such courts. There shall be no conditions or requirements imposed upon
American citizens in connection with such access to the Courts of Justice in
Siam, which do not apply to native citizens or subjects or to the citizens or
subjects of the most favored nation.
Article V
Limited-liability and other companies and associations, already or here-
after to be organized in accordance with the laws of either High Contracting
Party and domiciled in the territories of such Party, are authorized, in the
territories of the other, to exercise their rights and appear in the courts either
as plaintiffs or defendants, subject to the laws of such other Party.
There shall be no conditions or requirements imposed upon American
corporations, companies or associations, in connection with such access to the
Courts of Justice in Siam, which do not apply to such native corporations,
companies, or associations, or the corporations, companies or associations of
the most favored nation.
Article VI
The citizens or subjects of each of the High Contracting Parties shall enjoy
in the territories and possessions of the other a perfect equality of treatment
with native citizens or subjects and with citizens or subjects of the most favored
nation, in all that relates to transit duties, warehousing, bounties, facilities,
and the examination and appraisement of merchandise.
'TS612, ante, vol. l,p. 855.
1000 THAILAND
Article VII
The United States of America recognizes that the principle of national
autonomy should apply to the Kingdom of Siam in all that pertains to the
rates of duty on importations and exportations of merchandise, drawbacks,
and transit and all other taxes and impositions ; and subject to the condition
of equality of treatment with other nations in these respects, the United States
of America agrees to assent to increases by Siam in its tariff to rates higher
than those established by existing treaties, — on the further condition, how-
ever, that all other nations entitled to claim special tariff treatment in Siam
assent to such increases freely and without the requirement of any compensa-
tory benefit or privilege.
Article VIII
In all that concerns the entering, clearing, stationing, loading and unload-
ing of vessels in the ports, basins, docks, roadsteads, harbors or rivers of the
two countries, no privilege shall be granted to vessels of a third Power which
shall not equally be granted to vessels of the other country; the intention
of the High Contracting Parties being that in these respects the vessels of
each shall receive the treatment accorded to vessels of the most favored nation.
Article IX
The coasting trade of both the High Contracting Parties is excepted from
the provisions of the present treaty, and shall be regulated according to the
laws, ordinances and regulations of the United States of America and of
Siam, respectively. It is, however, understood that citizens of the United
States of America in the territories and possessions of His Majesty the King of
Siam and Siamese citizens or subjects in the territories and possessions of
the United States of America shall enjoy in this respect the rights which are,
or may be, granted under such laws, ordinances and regulations to the citi-
zens or subjects of other nations.
Article X
Any ship of war or merchant vessel of either of the High Contracting
Parties which may be compelled by stress of weather, or by reason of any other
distress, to take shelter in a port of the other, shall be at liberty to refit therein,
to procure all necessary supplies, and to put to sea again, without paying
any dues other than such as would be payable by national vessels. In case,
however, the master of a merchant vessel should be under the necessity of
disposing of a part of his cargo in order to defray the expenses, he shall
be bound to conform to the regulations and tariffs of the place to which he
may have come.
If any ship of war or merchant vessel of one of the High Contracting Par-
ties should run aground or be wrecked upon the coasts of the other, the local
AMITY AND COMMERCE— DECEMBER 16, 1920 1001
authorities shall give prompt notice of the occurrence, to the Consular Officer
residing in the district, or to the nearest Consular Officer of the other Power.
Such stranded or wrecked ship or vessel and all parts thereof, and all
furniture and appurtenances belonging thereto, and all goods and mer-
chandise saved therefrom, including those which may have been cast into
the sea, or the proceeds thereof, if sold, as well as all papers found on board
such stranded or wrecked ship or vessel, shall be given up to the owners
or their agents, when claimed by them.
If such owners or agents are not on the spot, the aforesaid property or
proceeds from the sale thereof and the papers found on board the vessel
shall be delivered to the proper Consular Officer of the High Contracting
Party whose vessel is wrecked or stranded, provided that such Consular
Officer shall make claim within the period fixed by the laws, ordinances and
regulations of the country in which the wreck or stranding occurred, and
such Consular Officers, owners or agents shall pay only the expenses incurred
in the preservation of the property, together with the salvage or other expenses
which would have been payable in the case of the wreck of a national vessel.
The goods and merchandise saved from the wreck shall be exempt from
all duties of the customs unless cleared for consumption, in which case they
shall pay ordinary duties.
In the case of a ship or vessel belonging to the citizens or subjects of one of
the High Contracting Parties being driven in by stress of weather, run aground
or wrecked in the territories or possessions of the other, the proper Consular
Officers of the High Contracting Party to which the vessel belongs, shall,
if the owners or their agents are not present, or are present but require it,
be authorized to interpose in order to afford the necessary assistance to the
citizens or subjects of his State.
Article XI
The vessels of war of each of the High Contracting Parties may enter,
remain and make repairs in those ports and places of the other to which
the vessels of war of other nations are accorded access; they shall there
submit to the same regulations and enjoy the same honors, advantages,
privileges and exemptions as are now, or may hereafter be conceded to the
vessels of war of any other nation.
Article XII
The citizens or subjects of each of the High Contracting Parties shall en-
joy in the territories and possessions of the other, upon fulfilment of the
formalities prescribed by law, the same protection as native citizens or sub-
jects, or the citizens or subjects of the nation most favored in these respects
in regard to patents, trade-marks, trade-names, designs and copyrights.
1002 THAILAND
Article XIII
Each of the High Contracting Parties may appoint Consuls General, Con-
suls, Vice Consuls and other Consular officers or Agents to reside in the towns
and ports of the territories and possessions of the other where similar officers
of other Powers are permitted to reside.
Such Consular Officers and Agents, however, shall not enter upon their
functions until they shall have been approved and admitted by the Govern-
ment to which they are sent.
They shall be entitled to exercise all the powers and enjoy all the honors,
privileges, exemptions and immunities of every kind which are, or may be,
accorded to Consular Officers of the most favored nation.
Article XIV
In case of the death of any subject of Siam in the United States or of any
citizen of the United States in Siam without having in the country of his
decease any known heirs or testamentary executors by him appointed, the
competent local authorities shall at once inform the nearest Consular Officer
of the nation to which the deceased belonged, in order that the necessary
information may be immediately forwarded to parties interested.
In the event of any citizens or subjects of either of the High Contracting
Parties dying without will or testament, in the territory of the other Contract-
ing Party, the Consul General, Consul, Vice Consul, or other Consular
Officer or Agent, of the nation to which the deceased belonged, or, in his
absence, the representative of such Consul General, Consul, Vice Consul, or
other Consular Officer or Agent, shall, so far as the laws of each country
will permit and pending the appointment of an administrator and until letters
of administration have been granted, take charge of the personal property
left by the deceased for the benefit of his lawful heirs and creditors.
Article XV
It is understood by the High Contracting Parties that the stipulations con-
tained in this Treaty do not in any way affect, supersede, or modify any of
the laws, ordinances and regulations with regard to trade, naturalization,
immigration, police and public security which are in force or which may be
enacted in either of the two countries.
Article XVI
The present Treaty shall, from the date of the exchange of ratifications
thereof, be substituted in place of the Convention of Amity and Commerce
concluded at Bangkok on the 20th day of March, 1833,4 of the Treaty of
4TS 321, ante, p. 978.
AMITY AND COMMERCE— DECEMBER 16, 1920 1003
Amity and Commerce concluded at Bangkok on the 29th day of May, 1856,5
and of the Agreement regulating liquor traffic in Siam concluded at Wash-
ington on the 14th day of May, 1884,6 and of all arrangements and agree-
ments subsidiary thereto concluded or existing between the High Contracting
Parties, and from the same date, such conventions, treaties, arrangements
and agreements shall cease to be binding.
Article XVII
The present Treaty shall come into effect on the date of the exchange of
ratifications and shall remain in force for ten years from that date.
In case neither of the High Contracting Parties should have notified twelve
months before the expiration of the said ten years the intention of terminating
it, it shall remain binding until the expiration of one year from the day on
which either of the High Contracting Parties shall have denounced it.
It is clearly understood, however, that such denunciation shall not have the
effect of reviving any of the treaties, conventions, arrangements or agreements
mentioned in Article XVI hereof.
Article XVIII
This Treaty shall be ratified and the ratifications thereof shall be ex-
changed, either at Washington or Bangkok, as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed the
present Treaty and have thereunto affixed their seals.
Done in duplicate, in the English language, at Washington, the sixteenth
day of December in the nineteen hundred and twentieth year of the Christian
Era, corresponding to the sixteenth day of the ninth month in the two
thousand four hundred and sixty-third year of the Buddhist Era.
Nobman H. Davis [seal]
Prabha Karavongse [seal]
annex
Protocol Concerning Jurisdiction Applicable in the Kingdom of
Siam to American Citizens and Others Entitled to the Protec-
tion of the United States
At the moment of proceeding this day to the signature of the new Treaty of
Friendship, Commerce and Navigation, between the United States and the
Kingdom of Siam, the Plenipotentiaries of the two High Contracting Parties
have agreed as follows :
6TS322, ante,p. 982.
6 TS 324, ante, p. 994.
1004 THAILAND
Article I
The system of jurisdiction heretofore established in Siam for citizens of
the United States and the privileges, exemptions and immunities now en-
joyed by the citizens of the United States in Siam as a part of or appurtenant
to said system shall absolutely cease and determine on the date of the exchange
of ratifications of the above-mentioned Treaty and thereafter all citizens of
the United States and persons, corporations, companies and associations en-
titled to its protection in Siam shall be subject to the jurisdiction of the
Siamese Courts.
Article II
Until the promulgation and putting into force of all the Siamese Codes,
namely, the Penal Code, the Civil and Commercial Codes, the Codes of
Procedure and the Law for Organization of Courts and for a period of five
years thereafter, but no longer, the United States, through its Diplomatic
and Consular Officials in Siam, whenever in its discretion it deems it proper
so to do in the interest of justice, by means of a written requisition addressed
to the judge or judges of the Court in which such case is pending, may invoke
any case pending in any Siamese Court, except the Supreme or Dika Court,
in which an American citizen or a person, corporation, company or associa-
tion entitled to the protection of the United States, is defendant or accused.
Such case shall then be transferred to said Diplomatic or Consular Official
for adjudication and the jurisdiction of the Siamese Court over such case shall
thereupon cease. Any case so evoked shall be disposed of by said Diplomatic
or Consular official in accordance with the laws of the United States prop-
erly applicable, except that as to all matters coming within the scope of
Codes or Laws of the Kingdom of Siam regularly promulgated and in force,
the texts of which have been communicated to the American Legation in
Bangkok, the rights and liabilities of the parties shall be determined by Siamese
law.
For the purpose of trying such cases and of executing any judgments
which may be rendered therein, the jurisdiction of the American Diplomatic
and Consular officials in Siam is continued.
Should the United States perceive, within a reasonable time after the pro-
mulgation of said Codes, any objection to said Codes, namely, the Penal Code,
the Civil and Commercial Codes, the Codes of Procedure and the Law
for Organization of Courts, the Siamese Government will endeavor to meet
such objections.
Article III
Appeals by citizens of the United States or by persons, corporations, com-
panies or/and associations entitled to its protection, from judgments of Courts
of First Instance in cases to which they may be parties, shall be adjudged
by the Court of Appeal at Bangkok.
AMITY AND COMMERCE— DECEMBER 16, 1920 1005
An appeal on a question of law shall lie from the Court of Appeal at
Bangkok to the Supreme or Dika Court.
A citizen of the United States or a person, corporation, company or
association entitled to its protection, who is defendant or accused in any case
arising in the Provinces may apply for a change of venue and should the
Court consider such change desireable the trial shall take place either at
Bangkok or before the judge in whose Court the case would be tried at
Bangkok.
Article IV
In order to prevent difficulties which may arise from the transfer of juris-
diction contemplated by the present Protocol, it is agreed,
(a) Alt' cases in which action shall be taken subsequently to the date of
the exchange of ratifications of the above-mentioned Treaty, shall be entered
and decided in the Siamese Courts, whether the cause of action arose before
or after the date of said exchange of ratifications.
(b) All cases pending before the American Diplomatic and Consular offi-
cials in Siam on said date shall take their usual course before such officials
until such cases have been finally disposed of, and the jurisdiction of the
American Diplomatic and Consular officials shall remain in full force for
this purpose.
In connection with any case coming before the American Diplomatic or
Consular officials under clause (b) of Article IV, or which may be evoked
by said officials under Article II, the Siamese authorities shall upon request
by such Diplomatic or Consular officials lend their assistance in all matters
pertaining to the case.
In Witness Whereof the undersigned Plenipotentiaries have hereto
signed their names and affixed their seals, this sixteenth day of December,
in the nineteen hundred and twentieth year of the Christian Era, correspond-
ing to the sixteenth day of the ninth month in the two thousand four hundred
and sixty-third year of the Buddhist Era.
Norman H. Davis [seal]
Prabha Karavongse [seal]
Exchange of Notes
The Siamese Minister to the Acting Secretary of State
Siamese Legation
Washington, December 16, 1920
Mr. Secretary:
Referring to Article I of the treaty signed by us this day which provides
among other things for the leasing and ownership of real property in Siam
by Americans, I have the honor to state that :
1006 THAILAND
1 . As to the lands for which the missions now possess papers of any kind
or of which the missions are otherwise in legal occupation they should apply
to have title papers issued in the regular way.
2. As to the lands held under lease from Government, the Siamese Gov-
ernment will not interrupt the possession by the missions as long as they
continue to use the land for mission purposes.
3. However, in Ratburi the Mission is now occupying a house belonging
to the Siamese Government ; this must be returned when asked for.
4. It should be understood that the Siamese Government is not identified
with Wat administration; that is to say, the foregoing understanding must
not be construed as a promise by the Government to interfere with lands
held and claimed by religious authorities, whether Buddhists or of any other
faith.
5. Of course, all Mission lands are held subject to the exercise by the
Siamese Government of the right of eminent domain.
I avail myself of the occasion to offer to you the renewed assurances of my
highest consideration.
Prabha Karavongse
The Honorable,
Norman H. Davis
Acting Secretary of State
The Acting Secretary of State to the Siamese Minister
Department of State
Washington, December 16, 1920
Sir:
I have the honor to acknowledge the receipt of your note of this date re-
ferring to the provisions of Article I of the treaty signed by us today and re-
lating to the real property now in possession of American missionary societies
in Siam. I note that:
1 . As to the lands for which the missions now possess papers of any kind
of which the missions are otherwise in legal occupation they should apply to
have title papers issued in the regular way.
2. As to the lands held under lease from Government, the Siamese Gov-
ernment will not interrupt the possession by the missions as long as they
continue to use the land for mission purposes.
3. However, in Ratburi the Mission is now occupying a house belonging
to the Siamese Government ; this must be returned when asked for.
4. It is understood that the Siamese Government is not identified with
Wat administration ; that is to say, the foregoing understanding must not be
AMITY AND COMMERCE— DECEMBER 16, 1920 1007
construed as a promise by the Government to interfere with lands held and
claimed by religious authorities, whether Buddhists or of any other faith.
5. All Mission Lands are held subject to the exercise by the Siamese
Government of the right of eminent domain.
I have the honor to express my satisfaction with this pronouncement.
Accept, Sir, the renewed assurances of my highest consideration.
Norman H. Davis
Acting Secretary of State
Phya Prabha Karavongse
Siamese Minister
30S-582— 73 65
EXTRADITION
Treaty signed at Bangkok December 30, 1922
Ratified by Siam January 18, 1923
Senate advice and consent to ratification January 7, 1924
Ratified by the President of the United States January 10, 1924
Ratifications exchanged at Bangkok March 24, 1924
Entered into force March 24, 1924
Proclaimed by the President of the United States March 26, 1924
43 Stat. 1749; Treaty Series 681
The United States of America and Siam, desiring to promote the cause
of justice, have resolved to conclude a treaty for the extradition of fugitives
from justice, between the two countries, and have appointed for that purpose
the following Plenipotentiaries :
The President: Edward E. Brodie, Envoy Extraordinary and Minister
Plenipotentiary of the United States to Siam, and
His Majesty the King: His Royal Highness Prince Devawongse Varo-
pakar, Minister for Foreign Affairs,
Who, after having communicated to each other their respective full
powers, found to be in good and due form, have agreed upon and con-
cluded the following articles:
Article I
It is agreed that the Government of the United States and the Govern-
ment of Siam shall, upon requisition duly made as herein provided, deliver
up to justice any person, over whom they respectively exercise jurisdiction
who may be charged with, or may have been convicted of, any of the crimes
specified in Article II of the present Treaty committed within the jurisdiction
of one of the High Contracting Parties, and who shall seek an asylum or
shall be found within the territories of the other; provided that such surrender
shall take place only upon such evidence of criminality, as according to the
laws of the place where the fugitive or person so charged shall be found,
would justify his apprehension and commitment for trial if the crime or
offense had been there committed.
1008
EXTRADITION— DECEMBER 30, 1922 1009
Article II
Persons shall be delivered up according to the provisions of the present
Treaty, who shall have been charged with or convicted of any of the follow-
ing crimes :
1 . Murder, comprehending the crimes designated by the terms parricide,
assassination, manslaughter, when voluntary, poisoning, or infanticide.
2. The attempt to commit murder.
3. Rape, abortion, carnal knowledge of children under the age of twelve
years.
4. Abduction or detention of women or girls for immoral purposes.
5. Bigamy.
6. Arson.
7. Wilful and unlawful destruction or obstruction of railroads which
endangers human life.
8. Crimes committed at sea :
(a) Piracy, as commonly known and defined by the law of nations, or by
statute;
( b ) Wrongfully sinking or destroying a vessel at sea or attempting to do
so;
(c) Mutiny or conspiracy by two or more members of the crew or other
persons on board of a vessel on the high seas, for the purpose of rebelling
against the authority of the Captain or Commander of such vessel, or by
fraud or violence taking possession of such vessel;
(d) Assault on board ship upon the high seas with intent to do bodily
harm.
9. Burglary, defined to be the act of breaking into and entering the
house of another in the night time with intent to commit a felony therein.
10. The act of breaking into and entering the offices of the Government
and public authorities, or the offices of banks, banking houses, savings banks,
trust companies, insurance and other companies, or other buildings not
dwellings with intent to commit a felony therein.
11. Robbery, defined to be the act of feloniously and forcibly taking
from the person of another goods or money by violence or by putting him
in fear.
12. Forgery or the utterance of forged papers.
13. The forgery or falsification of the official acts of the Government or
public authority, including Courts of Justice, or the uttering or fraudulent
use of any of the same.
14. The fabrication of counterfeit money, whether coin or paper, counter-
feit titles or coupons of public debt, created by National, State, Provincial,
Territorial, Local or Municipal Governments, bank notes or other instruments
of public credit, counterfeit seals, stamps, dies and marks of State or public
1010 THAILAND
administrations, and the utterance, circulation or fraudulent use of the above
mentioned objects.
15. Embezzlement or criminal malversation committed within the juris-
diction of one or the other party by public officers or depositaries, where the
amount embezzled exceeds two hundred dollars or Siamese equivalent.
16. Embezzlement by any person or persons hired, salaried or employed,
to the detriment of their employers or principals, when the crime or offense is
punishable by imprisonment or other corporal punishment by the laws of
both countries, and where the amount embezzled exceeds two hundred
dollars or Siamese equivalent.
17. Kidnaping of minors or adults, defined to be the abduction or deten-
tion of a person or persons, in order to exact money from them, their families,
or any other person or persons, or for any other unlawful end.
18. Larceny, defined to be the theft of effects, personal property, or
money, of the value of twenty-five dollars or more, or Siamese equivalent.
19. Obtaining money, valuable securities or other property by false
pretences or receiving any money, valuable securities or other property know-
ing the same to have been unlawfully obtained, where the amount of money
or the value of the property so obtained or received exceeds two hundred
dollars or Siamese equivalent.
20. Perjury or subornation of perjury.
21. Fraud or breach of trust by a bailee, banker, agent, factor, trustee,
executor, administrator, guardian, director or officer of any company or corpo-
ration, or by anyone in any fiduciary position, where the amount of money or
the value of property misappropriated exceeds two hundred dollars or
Siamese equivalent.
22. Crimes and offenses against the laws of both countries for the
suppression of slavery and slave trading.
23. Wilful desertion or wilful non-support of minor or dependent
children.
24. Extradition shall also take place for participation in any of the crimes
before mentioned as an accessory before or after the fact; provided such
participation be punishable by imprisonment by the laws of both the High
Contracting Parties.
Article III
The provisions of the present Treaty shall not import a claim of extradition
for any crime or offense of a political character, nor for acts connected with
such crimes or offenses ; and no person surrendered by or to either of the High
Contracting Parties in virtue of this Treaty shall be tried or punished for a
political crime or offense. When the offense charged comprises the act either
of murder or assassination or of poisoning, either consummated or attempted,
the fact that the offense was committed or attempted against the life of the
Sovereign or Head of a foreign State or against the life of any member of his
EXTRADITION— DECEMBER 30, 1922 1011
family, shall not be deemed sufficient to sustain that such crime or offense was
of a political character; or was an act connected with crimes or offenses of a
political character.
Article IV
No person shall be tried for any crime or offense other than that for which
he was surrendered.
Article V
A fugitive criminal shall not be surrendered under the provisions hereof,
when, from lapse of time or other lawful cause, according to the laws of the
place within the jurisdiction of which the crime was committed, the criminal
is exempt from prosecution or punishment for the offense for which the
surrender is asked.
Article VI
If a fugitive criminal whose surrender may be claimed pursuant to the
stipulations hereof, be actually under prosecution, out on bail or in custody,
for a crime or offense committed in the country where he has sought asylum,
or shall have been convicted thereof, his extradition may be deferred until
such proceedings be determined, and until he shall have been set at liberty
in due course of law.
Article VII
If a fugitive criminal claimed by one of the parties hereto, shall be also
claimed by one or more powers pursuant to treaty provisions, on account of
crimes committed within their jurisdiction, such criminal shall be delivered
to that State whose demand is first received.
Article VIII
Under the stipulations of this Treaty, neither of the High Contracting
Parties shall be bound to deliver up its own citizens.
Article IX
The expense of arrest, detention, examination and transportation of the
accused shall be paid by the Government which has preferred the demand
for extradition.
Article X
Everything found in the possession of the fugitive criminal at the time
of his arrest, whether being the proceeds of the crime or offense, or which may
be material as evidence in making proof of the crime, shall so far as prac-
ticable, according to the laws of either of the High Contracting Parties, be
delivered up with his person at the time of surrender. Nevertheless, the rights
of a third party with regard to the articles referred to shall be duly respected.
1012 THAILAND
Article XI
The stipulations of the present Treaty shall be applicable to all territory
wherever situated, belonging to either of the High Contracting Parties or in
the occupancy and under the control of either of them, during such occupancy
or control.
Requisitions for the surrender of fugitives from justice shall be made by the
respective diplomatic agents of the High Contracting Parties. In the event of
the absence of such agents from the country or its seat of government, or
where extradition is sought from territory included in the preceding para-
graphs, other than the United States or Siam, requisitions may be made by
superior consular officers. It shall be competent for such diplomatic or
superior consular officers to ask and obtain a mandate or preliminary war-
rant of arrest for the person whose surrender is sought, whereupon the judges
and magistrates of the two Governments shall respectively have power and
authority, upon complaint made under oath, to issue a warrant for the
apprehension of the person charged, in order that he or she may be brought
before such judge or magistrate, that the evidence of criminality may be heard
and considered and if, on such hearing, the evidence be deemed sufficient to
sustain the charge, it shall be the duty of the examining judge or magistrate
to certify it to the proper executive authority, that a warrant may issue for
the surrender of the fugitive.
In case of urgency, the application for arrest and detention may be ad-
dressed directly to the competent magistrate in conformity to the statutes in
force.
The person provisionally arrested shall be released, unless within two
months from the date of arrest in Siam, or from the date of commitment in
the United States, the formal requisition for surrender with the docu-
mentary proofs hereinafter prescribed be made as aforesaid by the diplomatic
agent of the demanding Government or, in his absence, by a consular officer
thereof.
If the fugitive criminal shall have been convicted of the crime for which
his surrender is asked, a copy of the sentence of the Court before which such
conviction took place, duly authenticated, shall be produced. If, however,
the fugitive is merely charged with crime, a duly authenticated copy of the
warrant of arrest in the country where the crime was committed, and of the
depositions upon which such warrant may have been issued, shall be pro-
duced, with such other evidence or proof as may be deemed competent in the
case.
Article XII
In every case of a request made by either of the High Contracting Parties
for the arrest, detention or extradition of fugitive criminals, the appropriate
legal officers of the country where the proceedings of extradition are had,
EXTRADITION— DECEMBER 30, 1922 1013
shall assist the officers of the Government demanding the extradition before
the respective judges and magistrates, by every legal means within their
power; and no claim whatever for compensation for any of the services so
rendered shall be made against the Government demanding the extradition;
provided, however, that any officer or officers of the surrendering Government
so giving assistance, who shall, in the usual course of their duty, receive no
salary or compensation other than specific fees for services performed, shall
be entitled to receive from the Government demanding the extradition the
customary fees for the acts or services performed by them, in the same manner
and to the same amount as though such acts or services had been performed
in ordinary criminal proceedings under the laws of the country of which they
are officers.
Article XIII
The present Treaty shall be ratified by the High Contracting Parties in
accordance with their respective constitutional methods and shall take effect
on the date of the exchange of ratifications which shall take place at Bangkok
as soon as possible.
Article XIV
The present Treaty shall remain in force for a period of ten years, and in
case neither of the High Contracting Parties shall have given notice one year
before the expiration of that period of its intention to terminate the Treaty,
it shall continue in force until the expiration of one year from the date on
which such notice of termination shall be given by either of the High Con-
tracting Parties.
In witness whereof the above named Plenipotentiaries have signed the
present Treaty and have hereunto affixed their seals.
Done in duplicate at Bangkok this thirtieth day of December nineteen
hundred and twenty-two.
Edward E. Brodie [seal]
Devawongse [seal]
WAIVER OF VISAS AND VISA FEES
FOR NONIMMIGRANTS
Exchange of notes at Bangkok September 19, 1925
Entered into force September 19, 1925
Department of State files
The American Charge d' Affaires ad interim to the Minister of Foreign
Affairs
Legation of the
United States of America
f.o. N0.-811 Bangkok, September 19, 1925
Your Highness :
Upon the exchange of Notes in this form I have the honor to inform Your
Highness that the Government of the United States undertakes and agrees
with the Royal Government of Siam as follows :
The Government of the United States will, from the 19 of September 1925
collect no fee for visaing passports or executing applications therefor in the
case of citizens or subjects of Siam desiring to visit the United States ( includ-
ing the insular possessions) who are not "immigrants" as defined in the
Immigration Act of the United States of 1924; 1 namely, "( 1 ) a government
official, his family, attendants, servants, and employees, (2) an alien visiting
the United States temporarily as a tourist or temporarily for business or
pleasure, (3) an alien in continuous transit through the United States, (4)
an alien lawfully admitted to the United States who later goes in transit
from one part of the United States to another through foreign contiguous
territory, (5) a bona fide alien seaman serving as such on a vessel arriving
at a port of the United States and seeking to enter temporarily the United
States solely in the pursuit of his calling as a seaman, and (6) an alien
entitled to enter the United States solely to carry on trade under and in
pursuance of the provisions of the present existing treaty of commerce and
navigation;" and from the same date the Government of Siam will not
require non-immigrant citizens of the United States of like classes desiring
to visit Siam or its possessions, to present visaed passports.
1 43 Stat. 153.
1014
VISAS AND VISA FEES— SEPTEMBER 19, 1925 1015
It is understood that if circumstances should arise which make it desirable
for the Government of Siam to require visaed passports it may enforce such
requirement two weeks after giving notice of its intention so to do to the
American Diplomatic Representative in Bangkok and the agreement ef-
fected by this exchange of notes shall thereupon terminate.
I avail myself of this opportunity of renewing to Your Highness the
assurance of my highest consideration.
His Highness
Prince Traidos Prabandh
His Siamese Majesty's
Minister for Foreign Affairs
Bangkok
Samuel S. Dickson
American Charge d' Affaires
The Minister of Foreign Affairs to the American Charge a" Affaires
ad interim
Foreign Office
Bangkok, 19th September, 1925
Mr. Charge d'affaires :
I have the honour to acknowledge the receipt of the American Legation's
Note number 811 dated September 19th, 1925 and to inform you that His
Majesty's Government by the exchange of notes in this form undertakes and
agrees with the Government of the United States as follows :
[For terms of agreement, see U.S. note, above.]
I avail myself of this opportunity to renew to you, Mr. Charge d' Affaires,
the assurance of my high consideration.
Traidos
Minister for Foreign Affairs
Monsieur Samuel S. Dickson
American Charge d' Affaires
Bangkok
308-582 — 73 66
FRIENDSHIP, COMMERCE, AND NAVIGATION
Treaty, final protocol, and exchange of notes signed at Bangkok
November 13, 1937; related notes
Ratified by Siam March 4, 1938
Senate advice and consent to ratification June 13, 1938
Ratified by the President of the United States July 5, 1938
Ratifications exchanged at Bangkok October 1, 1938
Entered into force October 1, 1938
Proclaimed by the President of the United States October 5, 1938
Replaced June 8, 1968, by treaty of May 29, 1966 1
53 Stat. 1731 ; Treaty Series 940
Treaty of Friendship, Commerce and Navigation between the
United States of America and Siam
The United States of America and the Kingdom of Siam, desirous of
strengthening the bond of peace which happily prevails between them, by
arrangements designed to promote friendly intercourse between their respec-
tive territories through provisions responsive to the spiritual, cultural, eco-
nomic and commercial aspirations of the peoples thereof, have resolved
to conclude a Treaty of Friendship, Commerce and Navigation and for that
purpose have appointed as their Plenipotentiaries :
The President of the United States of America: Edwin L. Neville,
Envoy Extraordinary and Minister Plenipotentiary of the United States of
America;
and
His Majesty the King of Siam: Luang Pradist Manudharm (Pridi
Banomyong) , Minister of Foreign Affairs ;
Who, having communicated to each other their full powers found to be in
due form, have agreed upon the following articles :
Article 1 2
There shall be constant peace and perpetual friendship between the United
M9 UST 5843; TIAS 6540.
1 For understandings relating to art. 1, see protocol, p. 1027, and related notes, pp. 1028
and 1030.
1016
COMMERCE AND NAVIGATION— NOVEMBER 13, 1937 1017
States of America and the Kingdom of Siam. The nationals of each of the
High Contracting Parties shall be permitted to enter, travel and reside in
the territories of the other, to carry on their commerce and manufacture,
to trade in all kinds of merchandise of lawful commerce, to engage in reli-
gious, educational and charitable work, to own or lease and occupy houses,
manufactories, warehouses and shops, to employ agents of their choice, to
lease land for residential, commercial, industrial, religious and charitable
purposes, and for use as cemeteries, and generally to do anything incident
to or necessary for the enjoyment of any of the foregoing privileges upon the
same terms as nationals of the State of residence, submitting themselves to the
laws and regulations there established.
They shall not be compelled, under any pretext whatsoever, to pay any
internal charges or taxes other or higher than those that are or may be paid
by nationals of the State of residence.
The nationals of each of the High Contracting Parties shall receive, in the
territories of the other, the most constant protection and security for their
persons and property, and shall enjoy in this respect the same rights and
privileges as are or may be granted to nationals of the State of residence on
their submitting themselves to the conditions imposed upon nationals of the
State of residence. They shall also enjoy in this respect that degree of protec-
tion and security that is required by international law. Their property shall
not be taken without due process of law or without payment of just
compensation.
They shall be exempt in the territories of the other from compulsory mili-
tary service on land, on sea, or in the air, in the regular forces, or in the
national guard, or in the militia ; from all contributions in money or in kind,
imposed in lieu of personal military service, and from all forced loans or mili-
tary contributions. They shall not be subjected, in time of peace or in time of
war, to military requisitions except as imposed upon nationals.
The nationals of each of the High Contracting Parties shall enjoy in the
territories of the other entire liberty of conscience, and, subject to the local
laws, ordinances and regulations, shall enjoy the right of private and public
exercise of their worship.
In all that relates to callings and professions, the nationals of each of the
High Contracting Parties shall throughout the whole extent of the territories
of the other on condition of reciprocity be placed in all respects on the same
footing as the nationals of the most favored nation. Furthermore, upon com-
pliance with the provisions of local law, the nationals, including corporations,
partnerships and associations of each of the High Contracting Parties, shall,
in the territory of the other High Contracting Party, have the right to acquire,
possess and dispose of ever)' kind of movable property on the same terms as
1018 THAILAND
the nationals, including corporations, partnerships and associations, of such
other party.
In all that relates to the acquisition, possession and disposition of immov-
able property the nationals, including corporations, partnerships, associations
and other legal entities of each High Contracting Party shall in the territory
of the other High Contracting Party be subject exclusively to the applicable
laws of the situs of such immovable property. The applicable laws of the situs
of immovable property as herein used shall in reference to the nationals of
Siam be understood and construed to mean the laws applicable to immov-
able property of the state, territory or possession of the United States of
America in which such immovable property is situate; and nothing herein
shall be construed to change, affect or abrogate the laws applicable to immov-
able property of any state, territory or possession of the United States of
America.
It is expressly agreed that nationals of the United States of America, includ-
ing corporations, partnerships and associations, who are legal residents of or
are organized under the laws of any state, territory or possession of the United
States of America which accords to nationals of Siam the right to acquire,
possess and dispose of immovable property, shall, in return, be accorded all
the rights respecting immovable property in Siam which are or may here-
after be accorded to the nationals, including corporations, partnerships or
associations of any other country, upon the principle of non-discriminatory
treatment.
The nationals, including corporations and associations, of either High
Contracting Party shall enjoy in the territories of the other Party, upon
compliance with the conditions there imposed, most-favored-nation treat-
ment in respect of the exploration for and exploitation of mineral re-
sources; provided that neither Party shall be required to grant rights and
privileges in respect of the mining of coal, phosphate, oil, oil shale, gas
and sodium on the public domain, or in respect of the ownership of stock
in domestic corporations engaged in such operations, greater than its na-
tionals, corporations and associations receive from the other Party. It is
understood, however, that neither High Contracting Party shall be required
by anything in this paragraph to grant any application for any such right
or privilege if at the time such application is presented the granting of all
similar applications shall have been suspended or discontinued.
Article 2
The dwellings, warehouses, manufactories, shops and other places of
business and all other property of the nationals of each of the High Contract-
ing Parties in the territories of the other, and all premises appertaining
thereto used for any purposes set forth in Article 1 shall be respected. It
shall not be allowable to proceed to make a domiciliary visit to, or a search
COMMERCE AND NAVIGATION— NOVEMBER 13, 1937 1019
of, any such buildings and premises, or to examine or inspect books, papers,
or accounts, except under the conditions and in conformity with the forms
prescribed by the laws, ordinances and regulations for nationals of the State
of residence.
Article 3 s
The nationals of each of the High Contracting Parties, equally with those
of the most favored nation, shall have liberty freely to come with their ships
and cargoes to all places, ports and rivers in the territories of the other which
are or may be opened to foreign commerce and navigation, subject always
to the laws of the country to which they thus come.
Neither High Contracting Party shall establish or maintain prohibitions
or restrictions on imports from or exports to the territories of the other Party
which are not applied to the import and export of any like article originating
in or destined for any other country. Any withdrawal of an import or export
prohibition or restriction which is granted even temporarily by one of the
High Contracting Parties in favor of any article originating in or destined
for a third country shall be applied immediately and unconditionally to the
like article originating in or destined for the territories of the other Party.
Nothing in this Treaty shall be construed to restrict the right of either High
Contracting Party to impose, on such terms as it may see fit, measures pro-
hibiting or restricting the exportation or importation of gold or silver, or
measures for the prohibition or the control of the export, or sale for export,
of arms, ammunition or implements of war, and, in exceptional circum-
stances, all other military supplies.
Nothing in this Treaty shall be construed to restrict the right of either
High Contracting Party to impose, on such terms as it may see fit, subject
to the principle of non-discriminatory treatment :
( 1 ) Prohibitions, restrictions or regulations for the enforcement of police
or revenue laws, including laws prohibiting or restricting the importation,
exportation, or sale of alcohol or alcoholic beverages or of opium, the coca
leaf, their derivatives, and other narcotic drugs, as well as other laws imposed
upon articles the internal production, consumption, sale or transport of which
is or may be forbidden or restricted by the national law ;
(2) Prohibitions or restrictions necessary for the protection of national
or public security or health, or for the protection of animal or plant life
against disease, harmful pests or extinction ;
(3) Prohibitions or restrictions upon articles which, as regards produc-
tion or trade, are or may hereafter be subject within the country to a mo-
nopoly exercised or under the control of the State;
(4) Prohibitions or restrictions relating to prison-made goods, or im-
posed on moral or humanitarian grounds.
8 For understandings relating to art. 3, see protocol, p. 1026, and exchange of notes,
p. 1027.
1020 THAILAND
If either High Contracting Party establishes or maintains import or customs
quotas or other quantitative restrictions on the importation of any article in
which the other High Contracting Party has an interest, or regulates the
importation of any such article by means of licenses or permits, the High
Contracting Party taking such action shall, upon request, inform the other
High Contracting Party of the total quantity of any such article permitted
to be imported and shall allot to the other High Contracting Party a share of
the total permissible imports of such article equivalent to the proportion of
the total importation of such article which the other High Contracting Party
supplied during a previous representative period, unless it is mutually agreed
to dispense with such allotment.
If either High Contracting Party establishes or maintains directly or indi-
rectly any form of control of the means of international payment it shall in
this respect apply to the other High Contracting Party the most-favored-
nation treatment.
Article 4
The nationals of each of the High Contracting Parties shall have free
access to the Courts of Justice of the other in pursuit and defense of their
rights; they shall be at liberty, equally with nationals of the State of residence
and with the nationals of the most favored nation, to choose and employ
lawyers, advocates and representatives to pursue and defend their rights
before such Courts.
There shall be imposed upon the nationals of either of the High Contracting
Parties no conditions or requirements in connection with such access to the
Courts of Justice of the other which do not apply to nationals of the State of
residence or to the nationals of the most favored nation.
Article 5
Limited liability and other corporations and associations, whether or not
for pecuniary profit, which have been or may hereafter be organized in
accordance with and under the laws, National, State or Provincial, of either
High Contracting Party and which maintain central offices within the ter-
ritories thereof, shall have their juridical status recognized by the other High
Contracting Party provided that they pursue no aims within its territories
contrary to its laws. They shall enjoy free access to the Courts of Justice, on
conforming to the laws regulating the matter, as well for the prosecution as
for the defense of rights in all the degrees of jurisdiction established by law.
The right of corporations and associations of either High Contracting
Party which have been so recognized by the other to establish themselves in
the territories of the other Party or to establish branch offices and fulfil their
functions therein shall depend upon and be governed solely by the consent of
such Party as expressed in its National, State or Provincial laws.
COMMERCE AND NAVIGATION— NOVEMBER 13, 1937 1021
Article 6 4
The nationals and goods, products, wares and merchandise of each High
Contracting Party within the territories of the other shall receive the same
treatment as nationals and goods, products, wares and merchandise of the
country with regard to internal taxes, transit duties, charges in respect to
warehousing and other facilities and the amount of drawbacks.
Article 7 4
No duties of tonnage, harbor, pilotage, lighthouse, quarantine or other
similar or corresponding duties or charges of whatever nature or of whatever
denomination levied in the name or for the profit of the Government, public
functionaries, private individuals, corporations or establishments of any kind
shall be imposed in the ports of the territories or territorial waters of either
country upon the vessels of the other country, which shall not equally and
under the same conditions be imposed in the like cases on national vessels.
Such equality of treatment shall apply reciprocally to the respective vessels,
from whatever port or place they may arrive and whatever may be their place
of destination. In no case shall the treatment accorded to the vessels and
cargoes of one of the Parties be less favorable than that accorded to the vessels
and cargoes of any third State.
Article 8
Each of the High Contracting Parties binds itself, in all that pertains to the
amount and collection of duties and other charges on or in connection with
importation or exportation, and with respect to all rules and formalities in
connection with importation and exportation, and with respect to all laws
or regulations affecting the sale, taxation, or use of imported goods within
the country, to grant to the nationals, vessels or goods of the other the advan-
tage of every favor, privilege or immunity which it accords or may hereafter
accord to the nationals, vessels or goods of any other State, regardless of
whether such other State shall have been accorded such treatment gratuitously
or in return for reciprocal compensatory treatment.
It is understood that the Customs tariffs applicable to articles, the pro-
duce or manufacture of either of the High Contracting Parties imported
into the territories of the other, shall be regulated by the laws of the country
of importation.
Article 9
The nationals of each of the High Contracting Parties shall have in the
territories of the other the same rights as nationals of that High Con-
tracting Party in regard to patents for inventions, trademarks, trade-names,
'For understandings relating to arts. 6 and 7, see protocol, pp. 1026 and 1027.
1022 THAILAND
designs and copyright in literary and artistic works, upon fulfilment of the
formalities prescribed by law.
Article 10
Merchant vessels and other privately owned vessels under the flag of
either of the High Contracting Parties shall be permitted to discharge por-
tions of cargoes at any port open to foreign commerce in the territories of
the other High Contracting Party, and to proceed with the remaining por-
tions of such cargoes to any other ports of the same territories open to
foreign commerce, without paying other or higher tonnage dues or port
charges in such cases than would be paid by national vessels in like circum-
stances, and they shall be permitted to load in like manner at different ports
in the same voyage outward, provided, however, that the coasting trade of
the High Contracting Parties is exempt from the provisions of this Article
and from the other provisions of this Treaty, and is to be regulated accord-
ing to the laws of each High Contracting Party in relation thereto. It is
agreed, however, that nationals and vessels of either High Contracting Party
shall within the territories of the other Party enjoy with respect to the coast-
ing trade most-favored-nation treatment.
Article 11
In all that concerns the entering, clearing, stationing, loading and unload-
ing of vessels in the ports, basins, docks, roadsteads, harbors, or rivers of
the two countries, no privilege shall be granted to vessels of a third Power
which shall not equally be granted to vessels of the other country, the inten-
tion of the High Contracting Parties being that in these respects the vessels
of each shall receive the treatment accorded to vessels of the most favored
nation.
Article 12
Any ship of war or merchant vessel of either of the High Contracting
Parties which may be compelled by stress of weather, or by reason of any
other distress, to take shelter in a port or place of the other shall be at lib-
erty to refit therein, to procure all necessary supplies, and to put to sea again,
without paying any dues other than such as would be payable by national
vessels in like circumstances. In case, however, the master of a merchant
vessel should be under the necessity of disposing of a part of his cargo in order
to defray expenses, he shall be bound to conform to the regulations and
tariffs of the place to which he may have come.
If any ship of war or merchant vessel of one of the High Contracting
Parties should run aground or be wrecked upon the coasts of the other, the
local authorities shall give prompt notice of the occurrence to the nearest
Consular Officer of the other Party.
Such stranded or wrecked ship or vessel and all parts thereof, and all
COMMERCE AND NAVIGATION— NOVEMBER 13, 1937 1023
equipment and appurtenances belonging thereto, and all goods and mer-
chandise saved therefrom, including those which may have been cast into
the sea, or the proceeds thereof, if sold, as well as all papers found on board
such stranded or wrecked ship or vessel, shall be given up to the owners or
their agents, when claimed by them.
If such owners or agents are not on the spot, the aforesaid property or pro-
ceeds from the sale thereof and the papers found on board the vessel shall
be delivered to the proper Consular Officer of the High Contracting Party
whose vessel is wrecked or stranded, provided that such Consular Officer
shall make claim within the period fixed by the laws, ordinances and
regulations of the country in which the wreck or stranding has occurred;
and such Consular Officer, owners or agents shall pay only the expenses in-
curred in the preservation of the property, together with the salvage or other
expenses which would have been payable in the case of a wreck or stranding
of a national vessel.
The goods and merchandise saved from the wreck or stranding shall be
exempt from all duties of the customs unless cleared for consumption, in
which case they shall pay ordinary duties.
In the case of a ship or vessel belonging to the nationals of one of the High
Contracting Parties being driven in by stress of weather or by reason of any
other distress, run aground or wrecked in the territories of the other, the
proper Consular Officer of the High Contracting Party to which the vessel
belongs, shall, if the owners or their agents are not present, or are present
but request it, be permitted to interpose in order to afford appropriate as-
sistance to the nationals of his State.
Article 13
The vessels of war of each of the High Contracting Parties may enter, re-
main and make repairs in those ports and places of the other to which the
vessels of war of any other nation are accorded access; and they shall sub-
mit to the same regulations and enjoy the same honors, advantages, privi-
leges and exemptions as are now, or may hereafter be conceded to the vessels
of war of any other nation.
Article 14
Each of the High Contracting Parties may appoint Consuls General, Con-
suls, Vice Consuls and other Consular Officers or Agents to reside in the
towns and ports of the territories of the other where similar officers of any
other Power are permitted to reside.
Such Consular Officers and Agents, however, shall not enter upon their
functions until they shall have been approved and admitted by the Govern-
ment to which they are sent.
They shall be entitled on condition of reciprocity to exercise all the powers
and enjoy all the honors, privileges, exemptions and immunities of every
1024 THAILAND
kind which are, or may be, accorded to Consular Officers of the most favored
nation.
The Government of each High Contracting Party shall have the right to
acquire and own land and buildings required for diplomatic or consular
premises in the territories of the other High Contracting Party and also to
erect buildings in such territories for the purposes stated, subject to local
building regulations.
Lands and buildings situated in the territories of either High Contracting
Party of which the other High Contracting Party is the rightful owner and
which are used exclusively for governmental purposes by that owner shall
be exempt from taxation of every kind, National, State, Provincial and
Municipal, other than assessments levied for services or local public improve-
ments by which the premises are benefited.
Article 15
In case of the death of a national of either High Contracting Party in
the territory of the other without having in the locality of his decease any
known heirs or testamentary executors by him appointed, the competent
local authorities shall at once inform the nearest Consular Officer of the
State of which the deceased was a national of the fact of his death, in order
that necessary information may be forwarded to the parties interested.
In case of the death of a national of either of the High Contracting Parties
without will or testament, in the territory of the other High Contracting
Party, the Consular Officer of the State of which the deceased was a national
and within whose district the deceased made his home at the time of death,
shall, so far as the laws of the country permit and pending the appointment
of an administrator and until letters of administration have been granted,
be deemed qualified to take charge of the property left by the decedent for
the preservation and protection of the same. Such Consular Officer shall
have the right to be appointed as administrator within the discretion of a
tribunal or other agency controlling the administration of estates provided
the laws of the place where the estate is administered so permit.
In case of the death of a national of either of the High Contracting Par-
ties without will or testament and without any known heirs resident in the
country of his decease, the Consular Officer of the country of which the de-
ceased was a national shall be appointed administrator of the estate of the
deceased, provided the regulations of his own Government permit such ap-
pointment and provided such appointment is not in conflict with local
law and the tribunal having jurisdiction has no special reasons for appointing
someone else.
Whenever a Consular Officer accepts the office of administrator of the
estate of a deceased countryman, he subjects himself as such to the juris-
diction of the tribunal or other agency making the appointment for all
COMMERCE AND NAVIGATION— NOVEMBER 13, 1937 1025
necessary purposes to the same extent as a national of the country where he
was appointed.
Article 16
It is understood by the High Contracting Parties that the stipulations
contained in this Treaty do not in any way affect, supersede, or modify any
of the laws, ordinances and regulations with regard to naturalization, im-
migration, police and public security which are in force or which may be
enacted in either of the two countries.
Article 17
The provisions of the present Treaty as regards the most-favored-nation
treatment do not apply to :
1 ) Favors now granted or which may hereafter be granted to an adjoin-
ing State to facilitate frontier traffic ;
2) Favors now granted or which may hereafter be granted to a third
State in virtue of a Customs Union ;
3) Favors now contractually granted or which may hereafter be con-
tractually granted to a third State for the avoidance of double taxation or
the mutual protection of revenue;
4) Favors now granted or which may hereafter be granted to an adjoin-
ing State with regard to navigation on or use of boundary waterways not
navigable from the sea.
Article 18
The present Treaty shall, from the date of its entry into force, be substituted
for the Treaty of Friendship, Commerce and Navigation between the United
States of America and Siam signed at Washington on the 16th December
1920,5 and from this date the said Treaty of 1920 and all arrangements and
agreements subsidiary thereto concluded or existing between the High Con-
tracting Parties shall cease to be binding.
Article 19
Subject to any limitation or exception hereinabove set forth, or hereafter
to be agreed upon, the territories of the High Contracting Parties to which the
provisions of this Treaty extend shall be understood to include all areas of
land and water over which the Parties, respectively, exercise dominion as
sovereign thereof, except the Panama Canal Zone.
Article 20
The present Treaty shall enter into force in all of its provisions on the day
of the exchange of ratifications and shall continue in force for the term of five
years from that day.
If within one year before the expiration of five years from the day on which
• TS 655, ante, p. 997.
1026 THAILAND
the present Treaty shall enter into force, neither High Contracting Party
notifies to the other Party an intention of terminating the Treaty upon the
expiration of the aforesaid period of five years, the Treaty shall remain in full
force and effect after the aforesaid period and until one year from the day on
which either of the High Contracting Parties shall have notified to the other
Party an intention of terminating it.
It is clearly understood, however, that termination of the present Treaty
as above provided for shall not have the effect of reviving any of the Treaties,
Conventions, Arrangements, or Agreements abrogated by the present Treaty.
Article 21
This Treaty shall be ratified, and the ratifications thereof shall be ex-
changed at Bangkok.
In witness whereof the undersigned plenipotentiaries have hereunto
signed their names and affixed their seals, this thirteenth day of November in
the nineteen hundred and thirty seventh year of the Christian Era, corre-
sponding to the thirteenth day of the eighth month in the two thousand four
hundred and eightieth year of the Buddhist Era.
Edwin L. Neville [seal]
Luang Pradist Manudharm [seal]
Final Protocol
At the moment of proceeding this day to the signature of the Treaty of
Friendship, Commerce and Navigation between the United States of
America and the Kingdom of Siam, the two Plenipotentiaries have adopted
the present Protocol which will have the same validity as if the ratification
thereof were inserted in the text of the Treaty to which it refers :
1. It is understood that in all matters for which national treatment is
provided in this Treaty, the nationals of each of the High Contracting Parties
shall not be treated by the other less favorably than the nationals of any
other country.
2. It is understood that the provisions of Article 6 shall not be deemed to
preclude either of the High Contracting Parties from charging differing rates
of license fees for the sale of imported spirituous liquors and of spirituous
liquors manufactured by or under license from the State.
3. It is understood that the provisions prescribing most-favored-nation
treatment in this Treaty do not apply to any advantages now accorded or
which may hereafter be accorded by the United States of America, its terri-
tories or possessions or the Panama Canal Zone to one another or to the
Republic of Cuba, or to any advantages now or hereafter accorded by the
United States of America, its territories or possessions or the Panama Canal
COMMERCE AND NAVIGATION— NOVEMBER 13, 1937 1027
Zone to one another, irrespective of any change in the political status of any
of the territories or possessions of the United States of America.
4. It is understood that the payment of just compensation provided for
in Article 1, paragraph 3, shall be determined by due process of law, without
prejudice to redress, if any, according to international law.
5. It is understood that the most -favored-nation treatment in respect of
the control of the means of international payment provided for in the last
paragraph of Article 3 of this Treaty shall be applied unconditionally, and
that such control shall be administered so as not to influence to the disad-
vantage of the other High Contracting Party the competitive relationships
between articles originating in the territories of such Party and similar
articles originating in third countires and so as not to impair the operation
of any other provisions of this Treaty.
6. It is understood that in the application of the provisions of Article 7
Siam reserves the right to apply, in the matter of compulsory pilotage, the
provisions of the Convention and Statute on the International Regime of
Maritime Ports, signed at Geneva, December 9, 1923.8
7. It is understood that Siam reserves her national fisheries, which shall
continue to be regulated by her national laws.
In witness whereof the undersigned plenipotentiaries have hereunto
signed their names and affixed their seals, this thirteenth day of November
in the nineteen hundred and thirty seventh year of the Christian Era, cor-
responding to the thirteenth day of the eighth month in the two thousand four
hundred and eightieth year of the Buddhist Era.
Edwin L. Neville [seal]
Luang Pradist Manudharm [seal]
Exchange of Notes
The Minister of Foreign Affairs to the American Minister
Ministry of Foreign Affairs
Saranromya Palace, 13th November, 1937
Monsieur le Ministre,
In regard to sub-paragraph 3 of paragraph 4 of Article 3 to the Treaty
signed by us today, we have reached the following agreement which is to
remain in force during the life of the Treaty:
In the event of the establishment of a monopoly for the importation, pro-
duction, or sale of a particular commodity by the Government or by a private
individual or organization under authority of the Government, my Govern-
ment agrees that in respect of the foreign purchases of such monopoly the
commerce of your country shall receive fair and equitable treatment. To this
e 58 LNTS 285.
1028 THAILAND
end it is agreed that in making its foreign purchases of any product such
monopoly will be influenced solely by those considerations, such as price,
quality, marketability, and terms of sale, which would ordinarily be taken
into account by a private commercial enterprise interested solely in purchas-
ing such product on the most favorable terms.
I avail myself of this opportunity, Monsieur le Ministre, to renew to Your
Excellency the assurance of my highest consideration.
Luang Pradist Manudharm
His Excellency Monsieur Edwin L. Neville
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America
Bangkok
The American Minister to the Minister of Foreign Affairs
Legation of the
United States of America
No. 15 Bangkok, November 13, 1937
Excellency :
I have the honor to confirm Your Excellency's note of November 13, 1937,
in which you state that in regard to sub-paragraph 3 of paragraph 4 of
Article 3 of the Treaty signed by us today, we have reached the following
agreement which is to remain in force during the life of the Treaty :
[For terms of agreement, see U.S. note above.]
I avail myself of this opportunity to renew to Your Excellency the
assurances of my highest consideration.
Edwin L. Neville
American Minister
His Excellency
Luang Pradist Manudharm
His Siamese Majesty's Minister of Foreign Affairs
Bangkok
Related Notes
The Minister of Foreign Affairs to the American Minister
Ministry of Foreign Affairs
Saranromya Palace, 13th November, 1937
Monsieur le Ministre,
Referring to Article 1 of the Treaty signed by us this day which provides
among other things for the holding of real property in Siam by Americans,
I have the honour to state that :
COMMERCE AND NAVIGATION— NOVEMBER 13, 1937 1029
1. With respect to lands of which American nationals, partnerships, cor-
porations, or associations are the rightful owners, whether or not they now
possess papers of any kind, they may apply to have title papers issued in the
regular way.
2. As to the lands held under lease from Government, the Siamese Gov-
ernment will not interrupt the possession by the missions as long as they
continue to use the land for mission purposes.
3. It is understood that the Siamese Government is not identified with
Wat administration; that is to say, the foregoing understanding must not be
construed as a promise by the Government to interfere with lands held and
claimed by religious authorities, whether Buddhists or of any other faith.
4. Of course, all mission lands are held subject to the exercise by the
Siamese Government of the right of eminent domain.
I avail myself of this opportunity, Monsieur le Ministre, to renew to Your
Excellency the assurance of my highest consideration.
Luang Pradist Manudharm
His Excellency
Monsieur Edwin L. Neville
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America
Bangkok
The American Minister to the Minister of Foreign Affairs
Legation of
United States of America
no. 14 Bangkok, November 13, 1937
Excellency:
I have the honor to acknowledge the receipt of Your Excellency's note of
November 13, 1937, in regard to Article 1 of the Treaty signed by us this
day which provides among other things for the holding of real property in
Siam by Americans, and to confirm that :
1. With respect to lands of which American nationals, partnerships,
corporations, or associations are the rightful owners, whether or not they now
possess papers of any kind, they may apply to have title papers issued in the
regular way.
2. As to the lands held under lease from Government, the Siamese
Government will not interrupt the possession by the missions as long as they
continue to use the land for mission purposes.
1030 THAILAND
3. It is understood that the Siamese Government is not identified with
Wat administration ; that is to say, the foregoing understanding must not be
construed as a promise by the Government to interfere with lands held and
claimed by religious authorities, whether Buddhists or of any other faith.
4. All Mission Lands are held subject to the exercise by the Siamese
Government of the right of eminent domain.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest consideration.
Edwin L. Neville
American Minister
His Excellency
Luang Pradist Manudharm
His Siamese Majesty's Minister of Foreign Affairs
Bangkok
The Minister of Foreign Affairs to the American Minister
Ministry of Foreign Affairs
Saranromya Palace
13th November, 1937
Monsieur le Ministre,
With reference to Article 1 of the Treaty of Friendship, Commerce and
Navigation between Siam and the United States of America, signed this day,
I have the honour to inform Your Excellency that it is the intention of the
Siamese Government to grant to foreigners the right to acquire immovable
property necessary for residential, commercial, industrial, religious and chari-
table purposes as well as for use as cemeteries, while the acquisition of lands
of the public domain will be reserved for the subjects of Siam without prej-
udice however to the rights already acquired according to the laws and regu-
lations at the coming into force of the new Treaty.
I avail myself of this opportunity, Monsieur le Ministre, to renew to Your
Excellency the assurance of my highest consideration.
Luang Pradist Manuharm
His Excellency
Monsieur Edwin L. Neville
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America
Bangkok
COMMERCE AND NAVIGATION— NOVEMBER 13, 1937 1031
The American Minister to the Minister of Foreign Affairs
Legation of the
United States of America
no. 16 Bangkok, November 13, 1937
Excellency :
I have the honor to acknowledge the receipt of Your Excellency's note of
November 13, 1937, in which you were good enough to inform me that, with
reference to Article 1 of the Treaty of Friendship, Commerce and Navigation
between the United States of America and Siam, signed this day, it is the in-
tention of the Siamese Government to grant to foreigners the right to acquire
immovable property necessary for residential, commercial, industrial, reli-
gious and charitable purposes as well as for use as cemeteries, while the acqui-
sition of lands of the public domain will be reserved for the subjects of Siam
without prejudice however to the rights already acquired according to the
laws and regulations at the coming into force of the new Treaty.
I avail myself of this opportunity to renew to Your Excellency the assur-
ances of my highest consideration.
Edwin L. Neville
American Minister
His Excellency
Luang Pradist Manudharm
His Siamese Majesty's Minister of Foreign Affairs
Bangkok
AIR TRANSPORT SERVICES
Agreement signed at Bangkok February 26, 1947, with annex
Entered into force February 26, 1947
Annex amended by agreement of March 3, 1970 i
61 Stat. 2789; Treaties and Other
International Acts Series 1607
Agreement Between the Government of the United States of
America and the Government of the Kingdom of Siam Relating
to Air Services Between Their Respective Territories
The Government of the United States of America and the Government
of the Kingdom of Siam,
Having in mind the resolution signed under date of December 7, 1944,
at the International Civil Aviation Conference in Chicago, for the adoption
of a standard form of agreement for air routes and services, and the desira-
bility of mutually stimulating and promoting the further development of air
transportation between the United States of America and the Kingdom of
Siam, the two Governments parties to this arrangement have appointed
their representatives, who, duly authorized, have agreed that the establish-
ment and development of air transport services between their respective
territories shall be governed by the following provisions :
Article 1
Each contracting party grants to the other contracting party the rights
as specified in the Annex hereto necessary for establishing the international
civil air routes and services therein described, whether such services be
inaugurated immediately or at a later date at the option of the contracting
party to whom the rights are granted.
Article 2
Each of the air services so described shall be placed in operation as soon
as the contracting party to whom the rights have been granted by Article 1
to designate an airline or airlines for the route concerned has authorized
an airline for such route, and the contracting party granting the rights shall,
*21 UST470;TIAS6837.
1032
AIR TRANSPORT SERVICES— FEBRUARY 26, 1947 1033
subject to Article 6 hereof, be bound to give the appropriate operating per-
mission to the airline or airlines concerned; provided that the airlines so
designated may be required to qualify before the competent aeronautical
authorities of the contracting party granting the rights under the laws and
regulations normally applied by these authorities before being permitted to
engage in the operations contemplated by this agreement; and provided
that in areas of hostilities or of military occupation, or in areas affected
thereby, such inauguration shall be subject to the approval of the competent
military authorities.
Article 3
In order to prevent discriminatory practices and to assure equality of
treatment, both contracting parties agree that:
(a) Each of the contracting parties may impose or permit to be imposed
just and reasonable charges for the use of public airports and other facilities
under its control. Each of the contracting parties agrees, however, that these
charges shall not be higher than would be paid for the use of such airports
and facilities by its national aircraft engaged in similar international services.
(b) Fuel, lubricating oils and spare parts introduced into the territory
of one contracting party by the other contracting party or its nationals, and
intended solely for use by aircraft of such contracting party shall, with respect
to the imposition of customs duties, inspection fees or other national dudes
or charges by the contracting party whose territory is entered, be accorded
the same treatment as that applying to national airlines and to airlines of the
most-favored-nation .
(c) The fuel, lubricating oils, spare parts, regular equipment and air-
craft stores retained on board civil aircraft of the airlines of one contracting
part)' authorized to operate the routes and services described in the Annex
shall, upon arriving in or leaving the territory of the other contracting
party, be exempt from customs, inspection fees or similar duties or charges,
even though such supplies be used or consumed by such aircraft on flights
in that territory.
Article 4
Certificates of airworthiness, certificates of competency and licenses
issued or rendered valid by one contracting party shall be recognized as
valid by the other contracting party for the purpose of operating the routes
and services described in the Annex. Each contracting party reserves the
right, however, to refuse to recognize, for the purpose of flight above its own
territory, certificates of competency and licenses granted to its own nationals
by another State.
Article 5
(a) The laws and regulations of one contracting party relating to the
admission to or departure from its territory of aircraft engaged in interna-
1034 THAILAND
tional air navigation, or to the operation and navigation of such aircraft
while within its territory, shall be applied to the aircraft of the other
contracting party, and shall be complied with by such aircraft upon entering
or departing from or while within the territory of the first party.
(b) The laws and regulations of one contracting party as to the admis-
sion to or departure from its territory of passengers, crew, or cargo of air-
craft, such as regulations relating to entry, clearance, immigration, passports,
customs, and quarantine shall be complied with by or on behalf of such
passengers, crew or cargo of the other contracting party upon entrance into
or departure from, or while within the territory of the first party.
Article 6
Each contracting party reserves the right to withhold or revoke the
certificate or permit of an airline designated by the other contracting party
in the event it is not satisfied that substantial ownership and effective control
of such airline are vested in nationals of the other contracting party, or in
case of failure by the airline designated by the other contracting party to
comply with the laws and regulations of the contracting party over whose
territories it operates, as described in Article 5 hereof, or otherwise to fulfill
the conditions under which the rights are granted in accordance with this
agreement and its annex.
Article 7
This agreement and all contracts connected therewith shall be registered
with the Provisional International Civil Aviation Organization, or its
successor body.
Article 8
This agreement or any of the rights for air transport services granted
thereunder may be terminated by either contracting party upon giving one
year's notice to the other contracting party.
Article 9
In the event either of the contracting parties considers it desirable to
modify the routes or conditions set forth in the attached Annex, it may
request consultation between the competent authorities of both contracting
parties, such consultation to begin within a period of sixty days from the
date of the request. When these authorities mutually agree on new or revised
conditions affecting the Annex, their recommendations on the matter will
come into effect after they have been confirmed by an exchange of diplomatic
notes.
Article 10
If a general multilateral air transport Convention enters into force in rela-
tion to both contracting parties, the present agreement shall be amended so
as to conform with the provisions of such Convention.
AIR TRANSPORT SERVICES— FEBRUARY 26, 1947 1035
Article 11
Any dispute between the contracting parties relating to the interpretation
or application of this Agreement or its Annex which cannot be settled through
consultation shall be referred for an advisory report to the Interim Council
of the Provisional International Civil Aviation Organization (in accordance
with the provisions of Article III Section 6 (8) of the Interim Agreement on
International Civil Aviation signed at Chicago on December 7, 1944 2) or its
successor.
Article 12
This agreement, including the provisions of the Annex thereto, will come
into force on the day it is signed.
In witness whereof, the undersigned, being duly authorized by their
respective Governments, have signed the present agreement.
Done in duplicate at Bangkok this twenty-sixth day of February in the
nineteen hundred and forty-seventh year of the Christian Era, corresponding
to the two thousand four hundred and ninetieth year of the Buddhist Era,
in the English language.
For the Government of the United States of America :
Edwin F. Stanton [seal]
For the Government of the Kingdom of Siam:
T. Thamrong Nawasawat [seal]
ANNEX TO AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES
OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF SIAM RELATING
TO ATR SERVICES BETWEEN THEBR RESPECTIVE TERRITORIES
A. Airlines of the United States, authorized under the present agreement,
are accorded rights of transit and non-traffic stop in the territory of Siam,
as well as the right to pick up and discharge international traffic in passen-
gers, cargo, and mail at Bangkok, on the following route via intermediate
points; in both directions:
1. The United States over a Pacific route to Bangkok and beyond.8
B. Airlines of Siam, authorized under the present agreement, are ac-
corded rights of transit and non-traffic stop in the territory of the United
States of America, as well as the right to pick up and discharge intcrna-
■ EAS 469, ante, vol. 3, p. 934.
'For an amendment, see agreement of Mar. 3, 1970 (21 UST 470; TIAS 6837).
1036 THAILAND
tional traffic in passengers, cargo, and mail at Los Angeles and Honolulu
on the following route via intermediate points; in both directions:
1. Siam to Los Angeles over reasonably direct route.4
C. In the establishment and operation of air services covered by this
Agreement and its Annex, the following principles shall apply:
1 . The two contracting parties desire to foster and encourage the widest
possible distribution of the benefits of air travel for the general good of man-
kind at the cheapest rates consistent with sound economic principles; and
to stimulate international air travel as a means of promoting friendly under-
standing and good will among peoples and insuring as well the many
indirect benefits of this new form of transportation to the common welfare
of both countries.
2. There shall be a fair and equal opportunity for the airlines of the two
contracting parties to operate on their respective routes.
3. It is the understanding of both contracting parties that services pro-
vided by a designated air carrier under the Agreement and its Annex shall
retain as their primary objective the provision of capacity adequate to the
traffic demands between the country of which such air carrier is a national
and the country of ultimate destination of the traffic. The right to embark
and disembark on such services international traffic destined for and coming
from third countries at a point or points on the routes specified in the Annex
to the Agreement shall be applied in accordance with the general principles
of orderly development to which both contracting parties subscribe and shall
be subject to the general principle that capacity should be related:
(a) to traffic requirements between the country of origin and the coun-
tries of destination;
(b) to the requirements of through airline operation, and
(c) to the traffic requirements of the area through which the airline
passes after taking into consideration local and regional services.
4. The contracting parties should undertake regular and frequent con-
sultation between their respective aeronautical authorities so that there
should be close collaboration in observance of the principles and the imple-
mentation of the provisions outlined in the Agreement and its Annex, and
in case of dispute the matter shall be settled in accordance with the provi-
sions of Article 11 of the Agreement.
'For an amendment, see agreement of Mar. 3, 1970 (21 UST 470; TIAS 6837).
AIR SERVICE FACILITIES AT DON MUANG
AIRPORT AND BANGKAPI
Agreement signed at Bangkok May 8, 1947
Entered into force May 8, 1947
61 Stat. 3855 ; Treaties and Other
International Acts Series 1735
Agreement between the Government of Siam and the Government
of the United States of America
The Government of Siam, in consideration of the transfer to the Govern-
ment of Siam by the Government of the United States of America of cer-
tain air navigation, air communication and weather facilities situated at
Don Muang Airport in the District of Bangkhen and also at Bangkapi in
Siam (in this Agreement referred to as "the facilities") agrees with the Gov-
ernment of the United States of America as follows.
I. To operate and maintain the facilities continuously in a manner ade-
quate for the air traffic operating to and away from the Don Muang aero-
drome and along the recognised international air routes converging on that
aerodrome, and, to ensure this standard of service, to abide by approved
Provisional International Civil Aviation Organisation standards of opera-
tion 1 unless and until those standards are changed by any other international
agreement to which the Government of Siam and the Government of the
United States are both parties.
II. To provide the full service of all facilities to all aircraft on a non-
discriminatory basis with charges, if any, only for non-operational messages
until an international agreement on charges has been promulgated by the
Provisional International Civil Aviation Organisation.
III. To transmit weather reports as prescribed by the Weather Service of
the United States to designated stations of the United States and to such
other stations as are necessary to ensure an integrated meteorological net-
work for international air-routes unless and until other provision is made
1 See interim agreement opened for signature at Chicago Dec. 7, 1944 (EAS 469), ante,
vol. 3, p. 929.
1037
1038 THAILAND
by international agreement to which the Government of the United States
is a party concerning civil and military meteorological requirements.
IV. To continue the operation of all types of facilities at their original
locations or on new locations mutually agreed by the Government of Siam
and the Government of the United States until new facilities are installed in
accordance with the standards promulgated by the Provisional International
Civil Aviation Organisation or until it is mutually agreed by the Government
of Siam and the Government of the United States that there is no longer a
need for the original facilities, it being understood that such of the original
facilities as are devoted to the aeronautical communication service will be
devoted exclusively to that service and will not be diverted to the general
communication service.
V. To provide English speaking operators at air-to-ground and control
tower communication positions until regulations covering such voice trans-
missions are promulgated by the Provisional International Civil Aviation
Organisation and further, until such regulations are promulgated, to grant
permission to a representative of the United States air carriers authorised to
serve an aerodrome to enter its control tower and, when in the opinion of the
representative a case of necessity exists, to talk to the pilot of any United
States aircraft flying in the vicinity of the aerodrome.
VI. To select radio frequencies for air-to-ground and control tower opera-
tions at an aerodrome only after coordination with the United States air
carriers using the aerodrome and with adjacent stations in the recognised
international air routes converging on the aerodrome in order to minimise —
(a) radio interference; and
(b) the number of frequencies required to be operated by aircraft.
VII. To authorise and facilitate day-to-day adjustment in aeronautical
communication service matters by direct communication between the operat-
ing agency of the Government of Siam and the service agency of the Govern-
ment of the United States, United States air carriers or a communication
company representing one or more of them.
VIII. To authorise United States air carriers of the Civil Aeronautics
Administration of the United States to designate a technical officer to advise
and assist the agency designated by the Government of Siam to operate the
facilities insofar as they relate to the safety and efficiency of the United States
airline operations. This designation is to continue as long as it is useful to
United States air carriers.
IX. ( a ) To furnish in sufficient number suitable personnel to be trained
to operate and maintain all facilities transferred under this sale.
(b) To negotiate a supplemental agreement to be entered into by the
agency of the Siamese Government which will eventually take over the
operation of the facilities and the agency of the United States Government,
or its representative, which undertakes the training and interim operation and
AIR SERVICE FACILITIES— MAY 8, 1947 1039
maintenance of the facilities free of any charges or emolument, pending
transfer of full operating responsibility to the agency of the Siamese Govern-
ment. The supplemental agreement will define the responsibility, authority,
and relations between the above mentioned agencies and their representatives
during the period the United States agency remains in charge of the opera-
tion, maintenance, and training.
X. The United States Government, through either the Army, Navy,
CAA or private agency agrees:
(a) To include in the sale of the basic installations, wherever Theater
surplus stocks permit, one year's supply of maintenance parts and expendable
supplies.
(b) To do everything possible to assist the Government of Siam or its
representative in purchasing, through regular commercial channels, mainte-
nance parts and expendable supplies for the operation of the facilities.
(c) To operate and maintain the facilities until such time when the Air
Attache to the United States Embassy, Bangkok, is assured the Government
of Siam is prepared to assume full responsibility for the operation and mainte-
nance of the facilities as hereinabove provided.
( d ) To train the personnel selected by the Government of Siam pursuant
to paragraph IX above, as long as an agency of the United States operates
and maintains the facilities in accordance with paragragh (c) above.
In faith whereof the Representatives of the Government of Siam and the
Government of the United States of America have hereunto signed their
names.
Signed in Bangkok, Siam, this eighth day of May nineteen hundred and
forty-seven.
For the Government of the United States of America:
Department of State
Office of the Foreign Liquidation
Commissioner
Central Field Commission
China Pacific Area.
J. A. Warner
Director, Fixed Installation Division
For the Government of Siam :
Ministry of Communications
Phra Suvabhand Bedyakar
Director-General of the Department of Transport
Witnesses :
James T. Scott
Sanga Nilkamhaeng
308-582—73 67
EXCHANGE OF PUBLICATIONS
Exchange of notes at Bangkok September 5, 1947
Entered into force September 5, 1947
61 Stat. 3154; Treaties and Other
International Acts Series 1654
The American Ambassador to the Minister of Foreign Affairs
American Embassy
Bangkok, Siam
No- 352 September 5, 1947
Excellency:
I have the honor to refer to the conversations which have taken place
between representatives of the Government of the United States of America
and representatives of the Government of Siam in regard to the exchange
of official publications, and to inform Your Excellency that the Government
of the United States of America agrees that there shall be an exchange of
official publications between the two Governments in accordance with the
following provisions :
1 . Each of the two Governments shall furnish regularly a copy of each
of its official publications which is indicated in a selected list prepared by the
other Government and communicated through diplomatic channels subse-
quent to the conclusion of the present agreement. The list of publications
selected by each Government may be revised from time to time and may be
extended, without the necessity of subsequent negotiations, to include any
other official publication of the other Government not specified in the list, or
publications of new offices which the other Government may establish in
the future.
2. The official exchange office for the transmission of publications of the
Government of the United States of America shall be the Smithsonian Insti-
tution. The official exchange office for the transmission of publications of the
Government of Siam shall be the National Library.
3. The publications shall be received on behalf of the United States of
1040
EXCHANGE OF PUBLICATIONS— SEPTEMBER 5, 1947 1041
America by the Library of Congress and on behalf of the Kingdom of Siam
by the National Library.
4. The present agreement does not obligate either of the two Govern-
ments to furnish blank forms, circulars which are not of a public character,
or confidential publications.
5. Each of the two Governments shall bear all charges, including postal,
rail and shipping costs, arising under the present agreement in connection
with the transportation within its own country of the publications of both
Governments and the shipment of its own publications to a port or other
appropriate place reasonably convenient to the exchange office of the other
Government.
6. The present agreement shall not be considered as a modification of any
existing exchange agreement between a department or agency of one of the
Governments and a department or agency of the other Government.
Upon the receipt of a note from Your Excellency indicating that the fore-
going provisions are acceptable to the Government of Siam, the Government
of the United States of America will consider that this note and your reply
constitute an agreement between the two Governments on this subject, the
agreement to enter into force on the date of your note in reply.
Accept, Excellency, the renewed assurances of my highest consideration.
Edwin F. Stanton
His Excellency
Luang Artthakitti Banomvong
Minister of Foreign Affairs
Bangkok
The Minister of Foreign Affairs to the American Ambassador
Ministry of Foreign Affairs
Saranromya Palace
no. 9800/2490 5th September, 1947
Monsieur l'Ambassadeur,
With reference to Your Excellency's Note of today's date, and to the con-
versations between representatives of the Government of Siam and representa-
tives of the Government of the United States of America in regard to the
exchange of official publications, I have the honour to inform Your Excellency
that the Government of Siam agrees that there shall be an exchange of official
publications between the two Governments in accordance with the following
provisions :
[For text of provisions, see numbered paragraphs in U.S. note, above.]
The Government of Siam considers that your note and this reply con-
1042 THAILAND
stitute an agreement between the two Governments on this subject, the agree-
ment to enter into force on the date of this note.
I avail myself of this opportunity, Monsieur l'Ambassadeur, to renew to
Your Excellency the assurance of my highest consideration.
A. Banomyong
Minister of Foreign Affairs
His Excellency
Monsieur Edwin F. Stanton
Ambassador Extraordinary and Plenipotentiary
of the United States of America
Bangkok
Tonga
AMITY, COMMERCE, AND NAVIGATION
Treaty signed at Nukualofa, Tongatabu, October 2, 1886
Senate advice and consent to ratification, with an amendment, Janu-
ary 19, 1888 x
Ratified by the President of the United States, with an amendment,
February 7, 1888 a
Ratified by Tonga August 1, 1888
Ratifications exchanged at Nukualofa August 1, 1888
Proclaimed by the President of the United States September 18, 1888
Entered into force September 18, 1888
Terminated {with exception of article VI) July 28, 1920 2
25 Stat. 1440; Treaty Series 357
Treaty of Amity, Commerce and Navigation, between the United
States of America and the King of Tonga
The United States of America, and the King of Tonga, mutually desirous
of maintaining and strengthening their relations and interests; have resolved
to conclude a treaty of amity, commerce and navigation; and to this end
have empowered as their representatives: The President of the United States;
George H. Bates, Special Commissioner of the United States to Tonga; And
His Majesty, the King of Tonga; the Reverend Shirley Waldemar Baker,
1 The U.S. amendment struck out all of art. VII and inserted a new article. The text
printed here is the amended text as proclaimed by the President. The text of art. VII as
signed is as follows :
"All steam vessels which may be employed by the Government of the United States in
the carrying of their mails in or across the Pacific Ocean shall have free access to all ports
of the Tonga Islands and shall be there subject to no harbor or pilotage dues; Provided,
that no vessel shall be entitled to such exemption, except upon condition of carrying, free
of charge the Tongan mails to ports of destination and call of such vessel."
' Pursuant to notice of termination July 28, 1919, given by the British Foreign Office on
behalf of the King of Tonga.
1043
1044 TONGA
Premier of the Kingdom of Tonga; Who, after producing to each other their
respective powers, have agreed upon the following articles :
Article I
There shall be perpetual peace and amity between the United States of
America and the King of Tonga, his heirs and his successors.
Article II
The citizens of the United States shall always enjoy, in the dominions of
the King of Tonga, and Tongan subjects shall always enjoy in the United
States, whatever rights, privileges and immunities are now accorded to
citizens or subjects of the most-favored nation; and no rights, privileges or
immunities shall be granted hereafter to any foreign state or to the citizens
or subjects of any foreign state by either of the High Contracting Parties,
which shall not be also equally and unconditionally granted by the same to
the other High Contracting Party, its citizens or subjects; it being understood
that the Parties hereto affirm the principle of the law of nations that no priv-
ilege granted for equivalent or on account of propinquity or other special con-
ditions comes under the stipulations herein contained as to favored nations.
Article III
Citizens of the United States in Tonga, and Tongans in the United States,
may visit, sojourn and trade in any part of the respective jurisdictions, and
rent, occupy and improve lands and erect dwellings, offices and ware-houses
thereon, subject to the laws and regulations of the country; which shall how-
ever in no case, except in respect of employment as laborers, be more restric-
tive than those imposed upon the citizens or subjects of the respective country,
or upon the citizens or subjects of the most-favored nation.
Article IV
There shall be reciprocal liberty of commerce and navigation between the
United States and the Tonga Islands, and no duty of customs or other impost
shall be charged upon any goods being the produce or manufacture of one
country, when imported therefrom into the other country, other or higher
than is charged upon the same, the produce or manufacture of or imported
from any other country.
Article V
No other or higher duties or charges on account of harbor dues, pilotage,
quarantine, salvage in case of damage or ship-wreck or other shipping charges
shall be imposed in the dominions of the King of Tonga on vessels of the
United States, or in the United States on Tongan vessels, than are imposed
on vessels belonging to the most-favored nation.
COMMERCE AND NAVIGATION— OCTOBER 2, 1886 1045
Article VI
The ships-of-war of either of the High Contracting Parties may enter all
ports, places and waters within the jurisdiction of the other, to anchor and
remain, take in stores, refit and repair, subject to the laws and regulations of
the country. To enable this privilege to be carried out in his dominions, the
King of Tonga agrees to secure to the government of the United States by
lease at nominal rent, with covenants of renewal, all rights of free use of neces-
sary ground in any harbor of the Tonga Islands which shall be mutually
agreed upon, for the purpose of establishing a permanent coaling and repair-
station, the rights of Tongan sovereignty therein being fully reserved and
admitted ; and in selecting a station for this purpose, due regard shall be had
for any similar concession which the King of Tonga has or may have granted
by treaty to any other government.
Article VII 3
All steam vessels which may be employed by the Government of the United
States in the carrying of their mails in and across the Pacific Ocean shall have
free access to all ports of the Tonga Islands, and shall be there subject only
to one-third of the usual harbor and pilotage dues, provided that no vessel
shall be entitled to such exemption except upon condition of carrying free of
charge the Tongan mails to ports of destination and call of such vessel.
Article VIII
The whaling or fishing vessels of the United States shall have free access
to the ports and harbors of Tonga, and in the ports of entry thereof shall be
permitted to barter or trade their supplies or goods for provisions for the use
of their own vessels and crews, without being subject to the law relative to
trading licenses, and shall be subject to no port-, or harbor-dues or pilotage
whatever; but this privilege of barter and trade shall not include the supply-
ing of spirituous liquors, or arms or ammunition to the Tongans. And such
whaling or fishing vessels shall, after having entered any port of entry in the
Tonga Islands, be at liberty to anchor off any island or reef thereof, for the
purpose of whaling or boiling down; provided, such vessel does not anchor
within the distance of three nautical miles from any inhabited town, — but
nothing in this clause shall be so construed as to permit infringement of the
quarantine laws of the dominions of the King of Tonga.
Article IX
All citizens of the United States residing in the Tonga Islands, and Tongan
subjects residing in the United States, shall be exempted from all compulsory
military service whether by sea or land, and from all forced loans, military
'See footnote l,p. 1043.
1046 TONGA
requisitions and quartering of troops. They shall, moreover not be compelled
to pay any other or higher taxes or license fees, or personal dues of any kind,
than are or may be paid by the citizens or subjects of the High Contracting
Party levying the same.
Article X
Should any member of the ship's company desert from a vessel-of-war or
merchant vessel of either of the High Contracting Parties, while such vessel is
within the territorial jurisdiction of the other, the local authorities shall render
all lawful assistance for the apprehension of such deserter, on application to
that effect made by the Consul of the High Contracting Party concerned,
or if there be no Consul, then by the master of the vessel.
Article XI
Each of the High Contracting Parties may appoint Consuls, Vice-Consuls,
Commercial Agents and Vice-Commercial Agents, for the protection of trade,
to reside in the territory of the other High Contracting Party; but before any
Consular officer so appointed shall act as such, he shall in the usual form
be approved of and admitted by the Government of the country to which he
is sent; and all such Consular officers shall enjoy the same privileges and
powers with those of the most favored nation.
Article XII
Consuls and Consular representatives of the United States in Tonga
shall have all jurisdictional rights over civil and criminal matters concern-
ing their own citizens and vessels, in conformity with the statutes of the
United States and the law of nations ; and they may call upon the authori-
ties of Tonga for aid in making arrests or enforcing judgments: And, Citi-
zens of the United States charged with committing offenses against Tongans
shall be amenable only to the Consular jurisdiction and shall be punished
according to the law of the United States: and Tongans charged with com-
mitting offenses against citizens of the United States shall be tried by Tongan
courts and punished according to Tongan law.
Claims of a civil nature against citizens of the United States shall be cog-
nizable only in the Consular jurisdiction, and Tongan Courts shall be open
to citizens of the United States to prosecute such claims against Tongans, ac-
cording to law: Provided that citizens of the United States charged with
violations of laws and regulations of Tonga relating to customs, taxation, pub-
he health and local police not cognizable as such under the laws of the United
States, shall be amenable to the jurisdiction of the Tongan Courts upon no-
tice to the nearest U.S. Consul or Commercial Agent, if there be one resi-
dent in Tonga, who shall have the right to be present at the trial and to direct
or provide for the defense of the accused ; the proceedings at all such trials
shall be public and the records thereof shall be public and accessible.
COMMERCE AND NAVIGATION— OCTOBER 2, 1886 1047
Article XIII
Perfect and entire freedom of conscience and worship, with right of sepul-
ture according to their creed, shall be enjoyed by the citizens or subjects of
either of the High Contracting Parties within the jurisdiction of the other.
Article XIV
This Treaty shall become effective upon promulgation and shall continue
in force for ten years, and thereafter until one year after notice shall have
been given by one of the High Contracting Parties to the other of its desire
to terminate the same: save and except as to Article VI (relative to the
establishment of a coaling-station) , which shall be terminable only by mutual
consent.
Article XV
This Treaty shall be ratified and the ratifications exchanged at Nukualofa
as soon as possible.
This Treaty is executed in duplicate, one copy being in English and the
other in Tongan, both versions having the same meaning aand intention,
but the English version shall be considered the original, and shall control in
case of any variance.
In witness whereof, the respective plenipotentiaries have signed this Treaty,
and thereunto affixed their respective seals.
Done in the harbor of Nukualofa, in Tongatabu, on board the United
States Steamer, "Mohican," this second day of October, in the year of our
Lord, one thousand, eight hundred and eighty-six.
Geo. H. Bates [seal]
Shirley W. Baker [seal]
308-582—73 68
Free Territory of Trieste
[British/ United States £one)
ECONOMIC COOPERATION
Agreement signed at Trieste October 15, 1948, with annex
Entered into force October 15, 1948
Amended by agreements of December 27 and 28, 1949,1 and March 29
and April 19, 1951*
Expired June 30, 1953 3
62 Stat. 3026; Treaties and Other
International Acts Series 1845
Economic Cooperation Agreement Between the United States of
America and the British/United States Zone, Free Territory
of Trieste
Preamble
The Government of the United States of America and, on behalf of the
British/ United States Zone, Free Territory of Trieste, the Commander,
British/ United States Forces, Free Territory of Trieste:
Recognizing that the restoration or maintenance in European countries of
principles of individual liberty, free institutions, and genuine independence
rests largely upon the establishment of sound economic conditions, stable in-
ternational economic relationships, and the achievement by the countries of
Europe of a healthy economy independent of extraordinary outside assistance;
Recognizing that a strong and prosperous European economy is essential
for the attainment of the purposes of the United Nations ;
Considering that the achievement of such conditions calls for a European
1 TIAS 2035, post, p. 1064.
S2UST1156;TIAS2261.
s In accordance with terms of art. X.
1048
ECONOMIC COOPERATION— OCTOBER 15, 1948 1049
recovery plan of self-help and mutual cooperation open to all nations which
cooperate in such a plan, based upon a strong production effort, the expan-
sion of foreign trade, the creation or maintenance of internal financial sta-
bility and the development of economic cooperation, including all possible
steps to establish and maintain valid rates of exchange and to reduce trade
barriers ;
Considering that in furtherance of these principles the Commander, on
behalf of the UK/ US Zone, has joined with other like-minded nations in the
Convention for European Economic Cooperation signed at Paris on April 16,
1948 under which the signatories of that Convention agreed to undertake as
their immediate task the elaboration and execution of a joint recovery pro-
gram, and that the UK/US Zone is a member of the Organization for Euro-
pean Economic Cooperation created pursuant to the provisions of that
Convention ;
Considering also that, in furtherance of these principles, the Government
of the United States of America has enacted the Economic Cooperation Act
of 1948,4 providing for the furnishing of assistance by the United States
of America to nations participating in a joint program for European recovery,
in order to enable such nations through their own individual and concerted
efforts to become independent of extraordinary outside economic assistance;
Desiring to set forth the understandings which govern the furnishing
of assistance by the Government of the United States of America under the
Economic Cooperation Act of 1948, the receipt of such assistance by the
UK/US Zone, and the measures which the two parties will take individually
and together in furthering the recovery of the UK/US Zone as an integral
part of the joint program for European recovery;
Have agreed as follows:
Article I
(Assistance and Cooperation)
1 . The Government of the United States of America undertakes to assist
the UK/US Zone, by making available to the Commander or to any person,
agency or organization designated by the latter such assistance as may be
requested by him and approved by the Government of the United States
of America. The Government of the United States of America will furnish
this assistance under the provisions, and subject to all of the terms, condi-
tions and termination provisions, of the Economic Cooperation Act of 1948,
acts amendatory and supplementary thereto and appropriation acts there-
under, and will make available to the Commander only such commodities,
services and other assistance as are authorized to be made available by such
acts.
462 Stat. 137.
1050 FREE TERRITORY OF TRIESTE
2. The Commander, acting directly and through the Organization for
European Economic Cooperation, consistently with the Convention for
European Economic Cooperation signed at Paris on April 16, 1948, will
exert sustained efforts in common with other participating countries speedily
to achieve through a joint recovery program economic conditions in Europe
essential to lasting peace and prosperity and to enable the countries of Europe
participating in such a joint recovery program to become independent of
extraordinary outside economic assistance within the period of this Agree-
ment. The Commander will take action to carry out the provisions of the
General Obligations of the Convention for European Economic Coopera-
tion, to continue to participate actively in the work of the Organization for
European Economic Cooperation, and to adhere to the purposes and policies
of the Economic Cooperation Act of 1948.
3. The Commander will carry out his obligations under this Agreement
with due regard for his responsibilities under the relevant clauses of the Treaty
of Peace with Italy signed at Paris February 10, 1947.5
4. With respect to assistance furnished by the Government of the United
States of America to the UK/US Zone and procured from areas outside
the United States of America, its territories and possessions, the Commander
will cooperate with the Government of the United States of America in
ensuring that procurement will be effected at reasonable prices and on reason-
able terms and so as to arrnage that the dollars thereby made available to
the country from which the assistance is procured are used in a manner con-
sistent with any arrangements made by the Government of the United States
of America with such country.
Article II 6
(General Undertakings)
1. In order to achieve the maximum recovery through the employment
of assistance received from the Government of the United States of America,
the Commander will use his best endeavors :
a) to adopt or maintain the measures necessary to ensure efficient and
practical use of all the resources available to the UK/US Zone, including
(i) such measures as may be necessary to ensure that the commodities
and services obtained with assistance furnished under this Agreement are
used for purposes consistent with this Agreement and, as far as practicable,
with the general purposes outlined in the schedules furnished by the Com-
mander in support of the requirements of assistance to be furnished by
the Government of the United States of America;
B TIAS 1648, ante, vol. 4, p. 311.
"For understandings relating to art. II, paras. 1 (a) and (c) and para. 3, see annex,
p. 1058.
ECONOMIC COOPERATION— OCTOBER 15, 1948 1051
(ii) the observation and review of the use of such resources through
an effective follow-up system approved by the Organization for European
Economic Cooperation; and
(iii) to the extent practicable, measures to locate, identify and put
into appropriate use in furtherance of the joint program for European
recovery, assets, and earnings therefrom, which belong to citizens and
juridical persons domiciled within the boundaries of the UK/ US Zone
and which are situated within the United States of America, its territories
or possessions. Nothing in this clause imposes any obligation on the Gov-
ernment of the United States of America to assist in carrying out such
measures or on the Commander to dispose of such assets;
b) to promote the development of industrial and agricultural produc-
tion on a sound economic basis; to achieve such production targets as may
be established through the Organization for European Economic Coopera-
tion ; and when desired by the Government of the United States of America,
to communicate to that Government detailed proposals for specific projects
contemplated by the Commander to be undertaken in substantial part with
assistance made available pursuant to this Agreement, including whenever
practicable projects for increased production of steel and transportation
facilities ;
c) to balance the governmental budget as soon as practicable and to
create or maintain internal financial stability; and
d) to cooperate with other participating countries in facilitating and
stimulating an increasing interchange of goods and services among the par-
ticipating countries and with other countries and in reducing public and
private barriers to trade among themselves and with other countries.
2. Taking into account Article 8 of the Convention for European Eco-
nomic Cooperation looking toward the full and effective use of manpower
available in the participating countries, the Commander, with due regard
for the urgency and importance of the problems of surplus manpower in
the UK/ US Zone, will accord sympathetic consideration to proposals made
in conjunction with the International Refugee Organization directed to
the largest practicable utilization of manpower available in any of the par-
ticipating countries in furtherance of the accomplishment of the purposes of
this Agreement.
3. The Commander will take the measures which he deems appropriate,
and will cooperate with other participating countries, to prevent, on the part
of private or public commercial enterprises, business practices or business
arrangements affecting international trade which restrain competition, limit
access to markets or foster monopolistic control whenever such practices or
arrangements have the effect of interfering with the achievement of the joint
program of European recovery.
1052 FREE TERRITORY OF TRIESTE
Article III 7
(Guaranties)
1. The Government of the United States of America and the Com-
mander will, upon the request of either party, consult respecting projects in
the UK/US Zone proposed by nationals of the United States of America
and with regard to which the Government of the United States of America
may appropriately make guaranties of currency transfer under section
111(b) (3) of the Economic Cooperation Act of 1948.
2. The Commander agrees that if the Government of the United States
of America makes payment in United States dollars to any person under such
a guaranty, any Italian lire, or credits in Italian lire, assigned or transferred
to the Government of the United States of America pursuant to that section
shall be recognized as property of the Government of the United States of
America.
Article IV s
(Local Currency)
1 . The provisions of this Article shall apply only with respect to assistance
which may be furnished by the Government of the United States of America
on a grant basis.
2. The Commander will establish a special account in the Banca d'ltalia
in the name of the Commander (hereinafter called the Special Account) and
will make deposits in Italian lire to this account as follows :
(a) The unencumbered balance, at the close of business on the date of
this Agreement, in the Special Account in the Banca d'ltalia established in
accordance with the provisions of Section 6 of Public Law 84, Eightieth
Congress,9 and Section 103(b) of the Economic Cooperation Act of 1948,
together with any further sums which may, from time to time, be required
to be deposited in the Special Account. It is understood that subsection (e)
of Section 114 of the Economic Cooperation Act of 1948 constitutes the
approval and determination of the Government of the United States of
America with respect to the disposition of such balance.
( b ) Amounts commensurate with the indicated dollar cost to the Govern-
ment of the United States of America of commodities, services and technical
information (including any costs of processing, storing, transporting, repair-
ing or other services incident thereto) made available to the UK/US Zone
on a grant basis by any means authorized under the Economic Cooperation
' For an amendment to art. Ill, para. 2, see agreement of Dec. 27 and 28, 1949 (TIAS
2035), post, p. 1064.
"For an understanding relating to art. IV, para. 2(b), and an amendment to art. IV,
para. 4, see ibid.
"61 Stat. 125.
ECONOMIC COOPERATION— OCTOBER 15, 1948 1053
Act of 1948. The Government of the United States of America shall from
time to time notify the Commander of the indicated dollar cost of any such
commodities, services and technical information, and the Commander will
thereupon deposit in the Special Account a commensurate amount of Italian
lire computed at a rate of exchange which shall be the par value agreed at
such time with the International Monetary Fund ; provided that this agreed
value is the single rate applicable to the purchase of dollars for imports into
the UK/US Zone. If at the time of notification a par value for the Italian
lira is agreed with the Fund and there are one or more other rates applicable
to the purchase of dollars for imports into the UK/US Zone or, if at the time
of notification no par value for the Italian lira is agreed with the Fund, the
rate or rates for this particular purpose shall be mutually agreed upon be-
tween the Commander and the Government of the United States of America.
The Commander may at any time make advance deposits in the Special
Account which shall be credited against subsequent notifications pursuant to
this paragraph.
3. The Government of the United States of America will from time
to time notify the Commander of its requirements for administrative expendi-
tures in Italian lire within the UK/US Zone incident to operations under
the Economic Cooperation Act of 1948, and the Commander will there-
upon make such sums available out of any balances in the Special Account
in the manner requested by the Government of the United States of America
in the notification.
4. Five percent of each deposit made pursuant to this Article in respect
of assistance furnished under authority of the Foreign Aid Appropriation
Act, 1949,10 shall be allocated to the use of the Government of the United
States of America for its expenditures in the UK/US Zone and sums made
available pursuant to paragraph 3 of this Article shall first be charged to
the amounts allocated under this paragraph.
5. The Commander will further make such sums of Italian lire avail-
able out of any balances in the Special Account as may be required to
cover costs (including port, storage, handling and similar charges) of trans-
portation from any point of entry in the UK/US Zone to the consignee's
designated point of delivery in the UK/US Zone of such relief supplies and
packages as are referred to in article V.
6. The Commander may draw upon any remaining balance in the Spe-
cial Account for such purposes as may be agreed from time to time with the
Government of the United States of America. In considering proposals put
forward by the Commander for drawings from the Special Account, the
Government of the United States of America will take into account the need
for promoting or maintaining internal monetary and financial stabilization
62 Stat. 1054.
1054 FREE TERRITORY OF TRIESTE
in the UK/US Zone and for stimulating productive activity and interna-
tional trade and the exploration for and development of new sources of
wealth within the UK/US Zone, including in particular:
(a) expenditures upon projects or programs, including those which
are part of a comprehensive program for the development of the produc-
tive capacity of the UK/US Zone and the other participating countries,
and projects or programs the external costs of which are being covered by
assistance rendered by the Government of the United States of America
under the Economic Cooperation Act of 1948 or otherwise, or by loans
from the International Bank for Reconstruction and Development; and
(b) effective retirement of public debt, especially debt held by banking
institutions.
7. Any unencumbered balance, other than unexpended amounts allo-
cated under paragraph 4 of this Article, remaining in the Special Account
on June 30, 1952, shall be disposed of within the UK/US Zone for such
purposes as may hereafter be agreed between the Governments of the
United States of America and the Commander, it being understood that
the agreement of the United States of America shall be subject to approval
by Act or joint resolution of the Congress of the United States of America.
Article V
(Travel Arrangements and Relief Supplies)
1 . The Commander will cooperate with the Government of the United
States of America in facilitating and encouraging the promotion and devel-
opment of travel by citizens of the United States of America to and within
participating countries.
2. The Commander will, when so desired by the Government of the
United States of America, enter into negotiations for agreements (includ-
ing the provision of duty-free treatment under appropriate safeguards) to
facilitate the entry into the UK/US Zone of supplies of relief goods donated
to or purchased by United States voluntary non-profit relief agencies and of
relief packages originating in the United States of America and consigned
to individuals residing in the UK/US Zone.
Article VI X1
(Consultation and Transmittal of Information)
1 . Parties to this Agreement will, upon request of either of them, con-
sult together regarding any matter relating to the application of this Agree-
ment or to operations or arrangements carried out pursuant to this
Agreement.
11 For an understanding relating to art. VI, para. 2 ( a ) , see annex, p. 1 059.
ECONOMIC COOPERATION— OCTOBER 15, 1948 1055
2. The Commander will communicate to the Government of the United
States of America in a form and at intervals to be indicated by the latter
after consultation with the Commander:
(a) detailed information of projects, programs and measures proposed
or adopted by the Commander to carry out the provisions of this Agreement
and the General Obligations of the Convention for European Economic
Cooperation ;
(b) full statements of operations under this Agreement, including a
statement of the use of funds, commodities and services received thereunder,
such statements to be made in each calendar quarter;
(c) information regarding the economy of the UK/ US Zone and any
other relevant information, necessary to supplement that obtained by the
Government of the United States of America from the Organization for
European Economic Cooperation, which the Government of the United
States of America may need to determine the nature and scope of operations
under the Economic Cooperation Act of 1 948, and to evaluate the effective-
ness of assistance furnished or contemplated under this Agreement and gen-
erally the progress of the joint recovery program.
Article VII
(Publicity)
1 . The Government of the United States of America and the Commander
recognize that it is in their mutual interest that full publicity be given to the
objectives and progress of the joint program for European recovery and of the
actions taken in furtherance of that program. It is recognized that wide dis-
semination of information on the progress of the program is desirable in order
to develop the sense of common effort and mutual aid which are essential to
the accomplishment of the objectives of the program.
2. The Government of the United States of America will encourage the
dissemination of such information and will make it available to the media of
public information.
3. The Commander will encourage the dissemination of such informa-
tion both directly and in cooperation with the Organization for European
Economic Cooperation. He will make such information available to the media
of public information and take all practicable steps to ensure that appropriate
facilities are provided for such dissemination. He will further provide other
participating countries and the Organization for European Economic Coop-
eration with full information on the progress of the program for economic
recovery.
4. The Commander will make public in the UK/US Zone in each cal-
endar quarter, full statements of operations under this Agreement, including
information as to the use of funds, commodities and services received.
1056 FREE TERRITORY OF TRIESTE
Article VIII
(Missions)
1. The Commander agrees to receive a Special Mission for Economic
Cooperation which shall conform to any administrative arrangements estab-
lished by the President of the United States of America pursuant to Section
109(d) of the Economic Cooperation Act of 1948 and which will discharge
the responsibilities of the Government of the United States of America in the
UK/US under this Agreement.
2. The Commander, upon appropriate notification from the Govern-
ment of the United States of America, will accord appropriate courtesies
to the Special Mission and its personnel, the United States Special Repre-
sentative in Europe and his staff, and the members and staff of the Joint
Committee on Foreign Economic Cooperation of the Congress of the United
States of America, and will grant them the facilities and assistance necessary
to the effective performance of their responsibilities to assure the accomplish-
ment of the purposes of this Agreement.
3. The Commander, directly and through his representatives on the
Organization for European Economic Cooperation, will extend full coopera-
tion to the Special Mission, to the United States Special Representative in
Europe and his staff, and to the members and staff of the Joint Committee.
Such cooperation shall include the provision of all information and facilities
necessary to the observation and review of the carrying out of this Agreement,
including the use of assistance furnished under it.
Article IX
(Definitions)
As used in this Agreement :
1. The "UK/US Zone" means that zone of the Free Territory of Trieste
under the joint administration of the United Kingdom and United States
military commands.
2. The "Commander" means the Commander, British-United States
Forces, Free Territory of Trieste.
3 . The term "participating country' ' means
(i) any country which signed the Report of the Committee of European
Economic Cooperation at Paris on September 22, 1947, and territories for
which it has international responsibility and to which the Economic Coop-
eration Agreement concluded between that country and the Government of
the United States of America has been applied, and
(ii) any other country (including any of the zones of occupation of
ECONOMIC COOPERATION— OCTOBER 15, 1948 1057
Germany, and areas under international administration or control, and the
Free Territory of Trieste or either of its zones) wholly or partly in Europe,
together with dependent areas under its administration ;
for so long as such country is a party to the Convention for European Eco-
nomic Cooperation and adheres to a joint program for European recovery
designed to accomplish the purposes of this Agreement.
Article X
(Entry into Force, Amendment, Duration)
1 . This Agreement shall become effective on this day's date. Subject to
the provisions of paragraphs 2 and 3 of this Article, it shall remain in force
until June 30, 1953, or until the authority of the Commander with respect to
the UK/US Zone shall have ceased, whichever is the earlier date.
2. If, during the life of this Agreement, either the Government of the
United States of America or the Commander should consider there has been
a fundamental change in the basic assumptions underlying this Agreement,
the other shall be so notified in writing and the Government of the United
States of America and the Commander will thereupon consult with a view to
agreeing upon the amendment, modification or termination of this Agree-
ment. If, after three months from such notification, no agreement has been
reached upon the action to be taken in the circumstances, either party may
give notice in writing to the other of intention to terminate this Agreement.
Then, subject to the provisions of paragraph 3 of this Article, this Agreement
shall terminate either :
(a) six months after the date of such notice of intention to terminate, or
(b) after such shorter period as may be agreed to be sufficient to ensure
that the obligations of the Commander are performed in respect of any
assistance which may continue to be furnished by the Government of the
United States of America after the date of such notice.
3. Article IV shall remain in effect until all the sums in the currency of
the UK/US Zone required to be deposited in accordance with its own terms
have been disposed of as provided in that Article. Paragraph 2 of Article III
shall remain in effect for so long as the guaranty payments referred to in that
Article may be made by the Government of the United States of America.
4. This Agreement may be amended at any time by agreement between
the parties.
5. The Annex to this Agreement forms an integral part thereof.
6. This Agreement shall be registered with the Secretary-General of the
United Nations.
1058 FREE TERRITORY OF TRIESTE
In witness whereof the respective representatives, duly authorized for
the purpose, have signed the present agreement.
Done at Trieste, in duplicate, both texts authentic, this 15th day of
October 1948.
T. S. Airey
Major General T. S. Airey, G.B., C.B.E.
Commander, British /United States Zone,
Free Territory of Trieste
Robert P. Joyce
Robert P. Joyce, United States Political
Advisor to the Commander, British/
United States Zone, Free Territory
of Trieste, and Ad Interim Represent-
ative for the Economic Cooperation
Administration
ANNEX
Interpretative Notes
1. It is understood that the requirements of paragraph 1 (a) of Article
II, relating to the adoption of measures for the efficient use of resources,
would include, with respect to commodities furnished under the Agreement,
effective measures for safeguarding such commodities and for preventing
their diversion to illegal or irregular markets or channels of trade.
2. It is understood that the obligation under paragraph 1 (c) of Article
II to balance the governmental budget as soon as practicable would not
preclude deficits over a short period but would mean budgetary policy in-
volving the balancing of the budget in the long run.
3. It is understood that the business practices and business arrangements
referred to in paragraph 3 of Article II mean:
(a) fixing prices, terms or conditions to be observed in dealing with
others in the purchase, sale or lease of any product ;
(b) excluding enterprises from, or allocating or dividing, any territorial
market or field of business activity, or allocating customers, or fixing sales
quotas or purchase quotas;
( c ) discriminating against particular enterprises ;
( d ) limiting production or fixing production quotas ;
(e) preventing by agreement the development or application of tech-
nology or invention whether patented or unpatented ;
(f ) extending the use of rights under patents, trade marks or copyrights
granted by either country to matters which, according to its laws and regula-
tions, are not within the scope of such grants, or to products or conditions of
ECONOMIC COOPERATION— OCTOBER 15, 1948 1059
production, use or sale which are likewise not the subjects of such grants ; and
(g) such other practices as the two Governments may agree to include.
4. It is understood that the Commander is obligated to take action in
particular instances in accordance with paragraph 3 of Article II only after
appropriate investigation or examination.
5. It is understood that the Commander will not be requested, under
paragraph 2 (a) of Article VI, to furnish detailed information about minor
projects or confidential commercial or technical information the disclosure
of which would injure legitimate commercial interests.
RELIEF ASSISTANCE
Agreement signed at Trieste February 11, 1949
Entered into force February 11, 1949
Amended by agreement of June 30 and July 18, 1952 a
Terminated October 26, 1954 2
63 Stat. 2709; Treaties and Other
International Acts Series 1978
Agreement for the Free Entry and Free Inland Transportation
of Relief Supplies and Packages
For the purpose of giving effect to Article V, paragraph 2, read with
Article IV, paragraph 5, of the Economic Cooperation Agreement between
the Governments of the British-United States Zone, Free Territory of Trieste
and the United States of America, signed on 15 October 1948,3 the Gov-
ernments of the British-United States Zone, Free Territory of Trieste and
the United States agree as follows :
1. The Government of the British-United States Zone, Free Territory
of Trieste shall accord duty-free entry into the Free Territory of Trieste of :
(a) Supplies of relief goods or standard packs donated to or purchased by
United States voluntary non-profit relief agencies qualified under Economic
Cooperation Administration (hereinafter referred to as EC A) regulations and
consigned to such charitable organizations (including Free Territory of
Trieste branches of these agencies) as have been or hereafter shall be
approved by the British-United States Zone, Free Territory of Trieste.
(b) Relief packages from residents of the United States of America sent
by parcel post or other commercial channels addressed to an individual resid-
ing in the Free Territory of Trieste whether privately packed or by order
placed with a commercial firm.
(c) Standard packs put up by United States voluntary non-profit relief
agencies, or their approved agents, qualified under ECA regulations, to the
order of individuals in the United States and sent for delivery addressed to
1 3 UST 4967 ; TIAS 2670.
2 Upon termination of joint United States-United Kingdom military administration.
8 TIAS 1845, ante, p. 1048.
1060
RELIEF ASSISTANCE— FEBRUARY 11, 1949 1061
individuals residing in the British-United States Zone, Free Territory of
Trieste.
2. For the purpose of this Agreement, the term "standard packs" (sub-
paragraph (a) of paragraph above), shall include only such goods as are
permitted to be included in relief packages and standard packs as specified
below in this paragraph 2, but also may include upon special authorization
of the customs authorities of the British-United States Zone, Free Territory of
Trieste at the request of any such United States voluntary non-profit relief
agency, any other goods except such as are specifically to be excluded from
the contents of relief packages and standard packs, as stated below in this
paragraph 2; "relief packages" (subparagraph (b) of paragraph 1 above)
shall include only such goods as are qualified for ocean freight subsidy under
the ECA Act and regulations issued by the Administrator thereunder; "stand-
ard packs" (subparagraph (c) of paragraph 1 above) shall contain only such
articles which qualify under ECA regulations; and the further provisions
stated in subparagraphs (a) to (f) of this paragraph 2 shall be applicable
both to relief packages (subparagraph (b) of paragraph 1 above) and to
standard packs (subparagraphs (a) and (c) of paragraph 1 above) :
(a) The contents of such relief packages and of such standard packs
are to include only non-perishable food, every-day clothing or clothes making
materials, shoes or shoe-making materials, mailable medical and health sup-
plies the admission of which is permitted under Free Territory of Trieste regu-
lations, and household supplies and utensils: and shall specifically exclude
tobacco, cigars and cigarettes, alcohol and alcoholic beverages, luxury cloth-
ing, furs, clothes made with furs and skins, all textiles made of silk or nylon,
gloves and other luxury items.
(b) Such relief packages and such standard packs shall not exceed, in
any case, 44 lbs. in weight.
(c) Such relief packages as referred to in paragraph 1 (b) must be
accompanied in each case by a detailed description of contents and statement
of value and must be labeled "USA Gift Parcel".
(d) Such relief packages and such standard packs shall be intended only
for the personal use of the addressee and his immediate family.
(e) The British-United States Zone, Free Territory of Trieste Com-
mander, after consultation with ECA Special Mission in Trieste, shall be
entitled to make provisions as to the quantities of each product or article
which may be included in any such relief packages or standard packs which
any one addressee may receive free of duty in any month ; relief packages or
standard packs containing quantities of any article or product beyond the
limits thus provided for or relief packages or standard packs for any one
addressee in excess of such number per month as may be so prescribed, shall
be excluded from the benefit of the foregoing provisions for free entry.
(f) The British-United States Zone, Free Territory of Trieste Com-
1062 FREE TERRITORY OF TRIESTE
mander may exclude from the benefits of this Agreement the importation of
all relief packages shipped by commercial firms when payment for such relief
packages has been made illicitly or when such purchases have been made as
a result of publicity or other means of soliciting such purchase from residents
of the Free Territory of Trieste.
3. Transportation charges (as defined in paragraph 5 of Article IV, of
the Economic Cooperation Agreement) in the Free Territory of Trieste on
"relief goods", "relief packages" and "standard packs" all as defined in
paragraph 1 above and subject to the provisions of paragraph 2 above, shall
be defrayed as follows :
(a) The amount of such charges for all such shipments which are sent
by United States parcel post addressed to individuals in the Free Territory of
Trieste will be computed by the Free Territory of Trieste Postal Service in
the manner now or hereafter provided by the applicable agreements, rules
and regulations of the International Postal System. Such charges shall be
reimbursed to the Postal Service out of the Special Account provided for in
Article IV of the Economic Cooperation Agreement between the United
States of America and the Free Territory of Trieste (hereinafter referred to as
the Special Account) and no claim for such charges will be made against the
United States.
(b) With respect to such shipments as are originally dispatched from the
United States by any regular established commercial channels and forwarded
in the Free Territory of Trieste by an approved agent of the shipper to the
addressee by the Free Territory of Trieste parcel post, such items shall be
accepted by the Free Territory of Trieste postal service without payment of
postal charges by such agent. The Free Territory of Trieste shall be reim-
bursed for such parcel post charges out of the Special Account upon presenta-
tion of adequate documentation.
(c) With respect to such shipments as are originally dispatched from the
United States by any commercial channel and forwarded in the Free Terri-
tory of Trieste by an approved agent of the shipper to the addressee by the
Free Territory of Trieste common carrier or contract carrier, such items shall
be accepted by such Free Territory of Trieste carrier with or without payment
of charges therefor by such agent. The Free Territory of Trieste shall reim-
burse such agent or Free Territory of Trieste carrier, as the case may be, out
of the Special Account upon presentation of adequate documentation.
( d ) With respect to any such charges which may be incurred by an agent
of a shipper under subparagraphs (b) and (c) above, other than parcel post
charges and carrier charges, such approved agent shall be reimbursed by the
Free Territory of Trieste out of the Special Account upon presentation of
adequate documentation.
4. (a) The Free Territory of Trieste shall make payments out of the
RELIEF ASSISTANCE— FEBRUARY 11, 1949 1063
Special Account for the purpose mentioned in subparagraphs (a) (b) (c)
and (d) of paragraph 3 above, and shall submit to the EC A Mission in the
Free Territory of Trieste with a copy to Controller, ECA Washington,
monthly statements of the amounts so expended in form mutually satisfactory
to the Free Territory of Trieste and said Mission provided that each such
statement shall at least show the total weight carried and charges therefor and
adjustments shall be made to said fund if shown to be required by ECA audit.
(b) Such payments shall be made by the Free Territory of Trieste to
reimburse ( 1 ) transportation charges incurred on and after the date of the
signing of this Agreement, (2) transportation charges incurred by United
States voluntary non-profit relief agencies within the Free Territory of Trieste,
British-United States Zone between April 30 of 1948 and the date of signing
of this Agreement, upon presentation of adequate documentation.
5. This Agreement shall go into effect upon the date of signing hereof.
In witness whereof the parties to this Agreement have authorized the same
to be executed in their behalf by T. S. Airey, C.B., C.B.E., Major General,
Zone Commander for the Government of the British-United States Zone of
the Free Territory of Trieste and Hon. Robert E. Galloway, Chief, Eco-
nomic Cooperation Administration Special Mission to Trieste for the Govern-
ment of the United States of America.
Executed at Trieste, Free Territory of Trieste, this 1 1th day of February,
1949.
For Government Br/US Zone, Free Territory of Trieste :
Terence Airey
T. S. Airey, C.B., C.B.E., Major General,
Zone Commander
For Government of United States of America :
Robert E. Galloway
Robert E. Galloway, Chief
Economic Cooperation Administration
Special Mission to Trieste
ECONOMIC COOPERATION
Exchange of letters at Trieste December 27 and 28, 1949, amending
agreement of October 15, 1948
Entered into force December 28, 1949
Expired June 30, 1953 1
64 Stat. B107 ; Treaties and Other
International Acts Series 2035
The Acting United States Political Adviser to the Commander of the
British /United States Zone, Free Territory of Trieste
HQ AMG FTT
December 27, 1949
To: The Zone Commander
From: U.S. Polad, Trieste
The United States Government has proposed several amendments to the
bilateral Economic Cooperation Agreement between the United States of
America and the British/U. S. Zone of the Free Territory of Trieste.2 The
suggested amendments are listed below. I would be most grateful if you
would inform me if you are in agreement with the proposed amendments in
order that I may inform the Department of State.
1. The Commander of the British/ United States Forces, Free Territory
of Trieste expresses his adherence to the purposes and policies of the Economic
Cooperation Act of 1 948 3 as heretofore amended.4
2. Whenever reference is made in any of the articles of such Economic
Cooperation Agreement to the Economic Cooperation Act of 1948, it shall
be construed as meaning the Economic Cooperation Act of 1948 as hereto-
fore amended.
3. The reference in paragraph 2 of Article III of the Economic Co-
operation Agreement, to recognition as the property of the Government
of the United States of any Italian lire or credits in Italian lire assigned or
1In accordance with terms of agreement of Oct. 15, 1948 (TIAS 1845, ante, p. 1048).
2TIAS 1845, ante, p. 1048.
3 62 Stat. 137.
' 63 Stat. 50.
1064
ECONOMIC COOPERATION— DECEMBER 27 AND 28, 1949 1065
transferred to it pursuant to section 111 (b) (3) of the Economic Coopera-
tion Act of 1948 as heretofore amended, includes recognition that the Gov-
ernment of the United States will be subrogated to any right, title, claim,
or cause of action existing in connection with such Italian lire or credits in
Italian lire.
4. The provisions of Article IV, paragraph 4 of the Economic Coopera-
tion Agreement shall be applied to all deposits made pursuant to that Article
except deposits made in accordance with the provisions of section 6 of
Public Law 84.6
5. It is understood that the time of notification to which reference is
made in Article IV, paragraph 2 (b) for the purpose of determining the
rate of exchange to be used in computing the deposits to be made upon
notifications to the Commander of the indicated dollar costs of commodities,
sendees, and technical information shall, in the case of each notification cov-
ering a disbursement period after September 30, 1949, be deemed to be the
date of the last day of the disbursement period covered by the notification.
Thomas M. Judd
Acting U.S. Political Adviser
The Commander of the British/ United States Zone, Free Territory of Trieste
to the Acting United States Political Adviser
HEADQUARTERS
ALLIED MILITARY GOVERNMENT
BRITISH/UNITED STATES ZONE
FREE TERRITORY OF TRIESTE
OFFICE OF THE ZONE COMMANDER
Ref : AMG/FTT/PL/357.5 28 DECEMBER 1949
Subject: Amendment of Economic Cooperation Agreement of 15 Octo-
ber 1948, between the U.S.A. and the British/U.S. Zone F.T.T.
To: U.S. Polad
I have studied your letter of 27 December 1949, on the subject of the
bilateral Economic Cooperation Agreement between the United States of
America and the British/United States Zone of the Free Territory of Trieste.
I should be glad if you would consider this letter as signifying my formal
approval of the proposed amendments and inform the Department of State
accordingly.
Terence Airey
T. S. Airey
Major General
Zone Commander
'61 Stat. 125.
Trinidad and Tobago
TRANSFER OF SURPLUS PROPERTY
Agreement signed at Port of Spain April 24, 1947
Entered into force April 24, 1947
Second article superseded February 10, 1961, by agreement of Febru-
ary 10, 1961, between the United States and the Federation of
The West Indies1
Department of State files
The undersigned, George Smith Busby, Sub-Intendant of Crown Lands —
on behalf of His Majesty The King, of the one part, and Commodore Erl
C. B. Gould, USNR, Central Field Commissioner for Latin America, Office
of the Foreign Liquidation Commissioner, Department of State, acting in
the name and representation of the United States of America, of the other
part, by whom we are legally and sufficiently authorized, have concluded
the following Agreement :
Whereas, The Government of the United States owns certain installa-
tions on the Island of Tobago, B.W.L, erected during World War II with
the consent of His Majesty The King in the joint defense against the common
enemies, which it tenders to the Government of Trinidad and Tobago in
consideration for landing rights for its military aircraft of the nature and
for the period herein described ;
And, whereas, The Government of Trinidad and Tobago is willing to
accept the proposal of the Government of the United States in the spirit of
friendly cooperation and good neighborliness which characterizes the alliance
of our respective Governments;
Now, therefore, The Government of the Colony of Trinidad and
Tobago, of the one part, and the Government of the United States of
America, of the other, do covenant and agree as follows:
First — The Government of the United States transfers and conveys unto
M2UST408;TIAS4734.
1066
SURPLUS PROPERTY— APRIL 24, 1947 1067
the Government of Trinidad and Tobago full title, right, and possession to
the installations listed in Schedule A attached to this Agreement, which
installations are affixed to land known as the Tobago Auxiliary Landing
Field or as the Crown Point Airport.
The Government of the United States further transfers and conveys unto
the Government of Trinidad and Tobago the following items of surplus mov-
able property which supposedly are located at the Tobago Auxiliary Landing
Field, it being understood and agreed that if such property cannot be found
there the Government of the United States shall not be obligated to return
or replace them — 1 grindstone; 20 torch flares; 1 wheelbarrow; 14 sheets
corrugated iron, 3' x 20'.
Second — In full consideration and exchange for the properties conveyed
in the First Article of this Agreement, the Government of Trinidad and
Tobago grants unto the Government of the United States the right for its
military aircraft to make landings of the following nature at any time within
the period herein indicated and without costs, charges or fees of any kind.
a. Emergency Landings: Rights for United States military aircraft to
make bona fide emergency landings on or in the immediate vicinity of
Tobago, and for subsequent United States military aircraft landings neces-
sary in connection with the investigation, inspection, repair, evacuation,
and /or disposition of such emergency-landed aircraft. These landing rights
are desired for unexpired term of the 99-year lease of naval and air bases
made pursuant to the Base Lease Agreement of March 27, 1041.2
b. Administrative and Service Landings: Rights for United States mili-
tary aircraft to make landings at Tobago Auxiliary Landing Field ( Crown
Point Airport) in connection with the operation, supply, evacuation, mainte-
nance, inspection, and/or other related functions connected with United
States military installations located on Tobago. These landing rights are
desired for such periods as the United States maintains or operates installa-
tions on Tobago.
Third — The Government of Trinidad and Tobago agrees to release the
Government of the United States from all liability and responsibility whatso-
ever which the United States may have either to it or to others to return or
restore the premises on which the installations hereby conveyed are situated,
in the same or as good condition as that existing at the time of original occu-
pancy by the United States Government, or in any condition other than
that in which such premises actually may be; and further agrees to assume
and be answerable for any claim brought against the United States in regard
to the condition of the premises.
Fourth — There is no guaranty, warranty, or representation on the part
•EAS 235, post, vol. 12, UNITED KINGDOM.
1068 TRINIDAD AND TOBAGO
of the United States as to quantity, quality, kind, cost, character, description,
condition, or suitability for use of any property which it conveys. All property
is conveyed "as is" and "where is" ; and no adjustment will be made if the
property listed does not meet expectations or is not as described in the
attached Schedule A or elsewhere.
Fifth — This Agreement shall be executed in two counterparts, each of
which shall be an original and both of which shall constitute the Agreement.
Either Government may request the signing of additional copies of this
Agreement.
Sixth — This Agreement for fiscal purposes of the Government of the
United States of America shall be designated as Contract No. W-ANL-
(LAM-II)-16988. The powers of the signatory for the United States of
America derive from the Surplus Property Act, Public Law 457 — 78 U.S.
Congress, as amended; regulations, orders and directives issued in compli-
ance therewith; and his letter of appointment. Under these powers he is
authorized to sign this Agreement on behalf of his Government without the
necessity of further ratification or approval.
Executed this 24th day of April, 1947 in the City of Port of Spain,
Trinidad.
For the Government of Trinidad and Tobago:
G. S. Busby
Sub Intendant of Crown Lands
For the United States of America:
Erl C. B. Gould
Commodore, USNR,
Central Field Commissioner for Latin America
Office of the Foreign Liquidation Commissioner
Department of State
SURPLUS PROPERTY— APRIL 24, 1947
1069
SCHEDULE A
Inventory of Buildings, Facilities, Utilities
Number of Units
Description
Radio Building, T/O frame, w/wood floor and corr. metal
roof, 20' x 20'
Messhall and Kitchen, T/O frame, w/wood floor and corr.
metal roof, 20' x 42'
EM Barracks, Ogden panel, w/shower room, wood floor
and roll roofing, 16' x 64'
Officers' Barracks, T/O frame, w/two full partitions and
shower room, wood floor and corr. metal roof, 20' x 44'
Day Room, T/O frame w/concrete floor and corr. metal
roof, 20' x 42'
Generator Shed, frame w/conc. floor and corr. metal roof,
8' x 20'
Water Tank Tower, timber, 10}^' x Kfi/i' x 20'
Pit Latrine, T/O frame w/wood floor and corr. metal roof,
4' x 8"
Pit Latrine, frame w/corr. metal walls and roof, wood
floor, 5' x 9'
Antenna Poles, 85' creosoted hardwood
Roads, 10' wide, unsurfaced
Airfield Facilities:
a. Runway, grass on rock and coral sub-base,
200' x 5,000'.
b. Taxiway, grass on rock and coral sub-base,
30' x 2,120'.
c. Hardstands, grass on rock and coral sub-base, five
-30' x 1 10' each.
d. General Clearing, Grading and Drainage
Power Distribution System:
a. Wire, #8 WP
b. Poles, hardwood, 25'
Water Supply:
a. Water Mains, 1" -1#" G.I. pipe
Sewage Disposal
a. Cess Pools
b. Laterals, 4" C.I. pipe
2" G.I. pipe
240
Units
ea.
ea.
ea.
ea.
ea.
3
950
ea.
sq. yds
11, 111
sq. yds
7,000
sq. yds
1,900
sq. yds
1
item
1,090
3
lin. ft.
ea.
lin. ft.
3
ea.
320
lin. ft.
120
lin. ft.
Tripoli
PEACE AND FRIENDSHIP
Treaty signed at Tripoli November 4, 1796, and at Algiers January 3,
1797
Senate advice and consent to ratification June 7 , 1797
Ratified by the President of the United States June 10, 1797
Entered into force June 10, 1797
Proclaimed by the President of the United States June 10, 1797
Superseded April 17, 1806, by treaty of June 4, 1805 *
8 Stat. 154; Treaty Series 358 2
[TRANSLATION OF 1 7 9 6] *
Treaty of Peace and Friendship between the United States of
America and the Bey and Subjects of Tripoli of Barbary
Article 1
There is a firm and perpetual Peace and friendship between the United
States of America and the Bey and subjects of Tripoli of Barbary, made by
*TS 359, post, p. 1081.
2 For a detailed study of this treaty, see 2 Miller 349.
3 This translation from the Arabic by Joel Barlow, Consul General at Algiers, has been
printed in all official and unofficial treaty collections since it first appeared in 1797 in the
Session Laws of the Fifth Congress, first session. In a "Note Regarding the Barlow Trans-
lation" Kunter Miller stated: ". . . Most extraordinary (and wholly unexplained) is the
fact that Article 1 1 of the Barlow translation, with its famous phrase, 'the government of
the United States of America is not in any sense founded on he Christian Religion.' does
not exist at all. There is no Article 11. The Arabic text which is betwee Articles 10 and 12
is in form a letter, crude and flamboyant and withal quite unimportant, from the Dey of
Algiers to the Pasha of Tripoli. How that script came to be written and to be regarded, as
in the Barlow translation, as Article 1 1 of the treaty as there written, is a mystery and
seemingly must remain so. Nothing in the diplomatic correspondence of the time throws
any light whatever on the point." (2 Miller 384.)
The Miller edition also contains an annotated translation from the origial Arabic made
in 1930 by Dr. C. Snouck Hurgronje of Leiden; for text, see p. 1075.
1070
PEACE AND FRIENDSHIP— NOV. 4, 1796, AND JAN. 3, 1797 1071
the free consent of both parties, and guaranteed by the most potent Dey &
regency of Algiers.
Article 2
If any goods belonging to any nation with which either of the parties is
at war shall be loaded on board of vessels belonging to the other party they
shall pass free, and no attempt shall be made to take or detain them.
Article 3
If any citizens, subjects or effects belonging to either party shall be found
on board a prize vessel taken from an enemy by the other party, such citi-
zens or subjects shall be set at liberty, and the effects restored to the owners.
Article 4
Proper passports are to be given to all vessels of both parties, by which they
are to be known. And, considering the distance between the two countries,
eighteen months from the date of this treaty shall be allowed for procuring
such passports. During this interval the other papers belonging to such ves-
sels shall be sufficient for their protection.
Article 5
A citizen or subject of either party having bought a prize vessel con-
demned by the other party or by any other nation, the certificate of con-
demnation and bill of sale shall be a sufficient passport for such vessel for
one year; this being a reasonable time for her to procure a proper passport.
Article 6
Vessels of either party putting into the ports of the other and having need
of provisions or other supplies, they shall be furnished at the market price.
And if any such vessel shall so put in from a disaster at sea and have occasion
to repair, she shall be at liberty to land and reembark her cargo without pay-
ing any duties. But in no case shall she be compelled to land her cargo.
Article 7
Should a vessel of either party be cast on the shore of the other, all proper
assistance shall be given to her and her people ; no pillage shall be allowed ;
the property shall remain at the disposition of the owners, and the crew pro-
tected and succoured till they can be sent to their country.
Article 8
If a vessel of either party should be attacked by an enemy within gun-shot
of the forts of the other she shall be defended as much as possible. If she be in
308-582—73 0!>
1072 TRIPOLI
port she shall not be seized or attacked when it is in the power of the other
party to protect her. And when she proceeds to sea no enemy shall be allowed
to pursue her from the same port within twenty four hours after her departure.
Article 9
The commerce between the United States and Tripoli, — the protection to
be given to merchants, masters of vessels and seamen, — the reciprocal right
of establishing consuls in each country, and the privileges, immunities and
jurisdictions to be enjoyed by such consuls, are declared to be on the same
footing with those of the most favoured nations respectively.
Article 10
The money and presents demanded by the Bey of Tripoli as a full and
satisfactory consideration on his part and on the part of his subjects for this
treaty of perpetual peace and friendship are acknowledged to have been re-
ceived by him previous to his signing the same, according to a receipt which is
hereto annexed, except such part as is promised on the part of the United
States to be delivered and paid by them on the arrival of their Consul in
Tripoli, of which part a note is likewise hereto annexed. And no pretence
of any periodical tribute or farther payment is ever to be made by either party.
Article 11
As the government of the United States of America is not in any sense
founded on the Christian Religion,4 — as it has in itself no character of enmity
against the laws, religion or tranquility of Musselmen, — and as the said
States never have entered into any war or act of hostility against any Mehomi-
tan nation, it is declared by the parties that no pretext arising from religious
opinions shall ever produce an interruption of the harmony existing between
the two countries.
Article 12
In case of any dispute arising from a violation of any of the articles
of this treaty no appeal shall be made to arms, nor shall war be de-
clared on any pretext whatever. But if the Consul residing at the place
where the dispute shall happen shall not be able to settle the same,
an amicable reference shall be made to the mutual friend of the parties,
the Dey of Algiers, the parties hereby engaging to abide by his decision.
And he by virtue of his signature to this treaty engages for himself and
successors to declare the justice of the case according to the true inter-
pretation of the treaty, and to use all the means in his power to enforce
the observance of the same.
4 See footnote 3, p. 1070.
PEACE AND FRIENDSHIP— NOV. 4, 1796, AND JAN. 3, 1797 1073
Signed and sealed at Tripoli of Barbary the 3d day of Jumad in the
year of the Higera 1211 — corresponding with the 4th day of Novr
1796 by
Jussuf Bashaw Mahomet Bey Soliman Kaya
Mamet — Treasurer Galil — Gen1 of the Troops
Amet— Minister of Marine Mahomet — Com1 of the city
Amet — Chamberlain Mamet — Secretary
Ally — Chief of the Divan
Signed and sealed at Algiers the 4th day of Argib 1211 — corresponding
with the 3d day of January 1797 by
Hassan Bashaw Dey
and by the Agent plenipotentiary of the United States of America
Joel Barlow [seal]
[the "receipt"]
Praise be to God &c —
The present writing done by our hand and delivered to the American
Captain OBrien makes known that he has delivered to us forty thousand
Spanish dollars, — thirteen watches of gold, silver & pins-back, — five
rings, of which three of diamonds, one of saphire and one with a watch
in it, — one hundred & forty piques of cloth, and four caftans of brocade,
— and these on account of the peace concluded with the Americans.
Given at Tripoli in Barbary the 20th day of Jumad 1211, corre-
sponding with the 21Bt day of Novr 1796 —
Jussuf Bashaw — Bey
whom God Exalt
The foregoing is a true copy of the receipt given by Jussuf Bashaw —
Bey of Tripoli —
Hassan Bashaw — Dey of Algiers
The foregoing is a literal translation of the writing in Arabic on the
opposite page
Joel Barlow
[the "note"]
On the arrival of a consul of the United States in Tripoli he is to
deliver to Jussuf Bashaw Bey —
twelve thousand Spanish dollars
five hawsers — 8 Inch
three cables — 10 Inch
twenty five barrels tar
twenty five d° pitch
ten d° rosin
1074 TRIPOLI
five hundred pine boards
five hundred oak d°
ten masts (without any measure mentioned, suppose for vessels from 2 to 300 ton)
twelve yards
fifty bolts canvas
four anchors
And these when delivered are to be in full of all demands on his part
or on that of his successors from the United States according as it is
expressed in the tenth article of the following treaty. And no farther
demand of tributes, presents or payments shall ever be made.
Translated from the Arabic on the opposite page, which is signed &
sealed by Hassan Bashaw Dey of Algiers — the 4tb day of Argib 1211 —
or the 3d day of Jany 1797— by—
Joel Barlow
[approval of u.s. minister at lisbon]
To all to whom these Presents shall come or be made known.
Whereas the Underwritten David Humphreys hath been duly
appointed Commissioner Plenipotentiary by Letters Patent, under the
Signature of the President and Seal of the United States of America,
dated the 30th of March 1 795, for negociating and concluding a Treaty
of Peace with the Most Illustrious the Bashaw, Lords and Governors of
the City & Kingdom of Tripoli; whereas by a Writing under his Hand
and Seal dated the 10th of February 1796, he did (in conformity to the
authority committed to me therefor) constitute and appoint Joel Barlow
and Joseph Donaldson Junior Agents jointly and seperately in the busi-
ness aforesaid; whereas the annexed Treaty of Peace and Friendship
was agreed upon, signed and sealed at Tripoli of Barbary on the 4th of
November 1796, in virtue of the Powers aforesaid and guaranteed by
the Most potent Dey and Regency of Algiers; and whereas the same
was certified at Algiers on the 3d of January 1 797, with the Signature
and Seal of Hassan Bashaw Dey, and of Joel Barlow one of the Agents
aforesaid, in the absence of the other.
Now Know ye, that I David Humphreys Commissioner Plenipoten-
tiary aforesaid, do approve and conclude the said Treaty, and every
article and clause therein contained, reserving the same nevertheless for
the final Ratification of the President of the United States of America,
by and with the advice and consent of the Senate of the said United
States.
In testimony whereof I have signed the same with my Name and
Seal, at the City of Lisbon this 10th of February 1797.
David Humphreys [seal]
[United States Minister at Lisbon]
PEACE AND FRIENDSHIP— NOV. 4, 1796, AND JAN. 3, 1797 1075
Translation of 1930 5
Praise be to God ! Declaration from [sic] this noble affair and this clear
and important speech, being the agreement consisting of the articles of peace
and fellowship and all friendship and love and good trust and all confidence
on account of the peace treaty between us with the Americans and [sic] with
our Lord and Master the exalted Lord Yussuf Pasha of Tripoli, may God
strengthen him by His grace, amen ! and in agreement with his whole Divan,
the whole population of his regency and his Divan, may God strengthen
them by His grace and His favor, amen !
Praise be to God ! Declaration thereof from the first article. That we
have agreed upon a perfect, valid, everlasting peace, without modification
or change from the beginning to the end, in permanency, with the Americans
and [sic] with our honored Lord, the Lord Yussuf Pasha of Tripoli, may
God strengthen him and likewise his Divan, and what we have arranged
between us [has been arranged] with a pure heart from our side and from
their side. This treaty of peace has been displayed [the Arabic word here used
generally denotes "to break a seal," or something of that sort] and worked
out in detail by our honored and exalted Master, our supreme [the word
here used is uncommon ; it may have the meaning of sovereign] Master, the
Lord Yussuf Pasha, in the protected [i. e., by God] Algiers, may God
strengthen him by His grace, amen !
Praise be to God! Declaration thereof: the second article. We have
agreed concerning all goods carried by ships of the Americans, that it shall
not be lawful to seize them from [on] the part of Tripoli ships; and likewise
ships of Tripoli carrying goods, no American warship shall commit inimical
acts against them. Thus it shall be with us and with them, from both of the
two [sic] sides.
Glory be to God ! Declaration of the third article. We have agreed that
if American Christians are traveling with a nation that is at war with the
well-preserved Tripoli, and he [evidently the Tripolitan] takes [prisoners]
from the Christian enemies and from the American Christians with whom
we are at peace [the Arabic sentence is here most confused], then he sets him
[sic] free ; neither he nor his goods shall be taken. Likewise, the Americans,
when they take [literally "bring"] ships of their enemies and there are on
board people from Tripoli, they shall not take one of them nor their goods.
Thus! [This word, occurring at the end of several articles, seems to take the
place of a full stop.]
Praise be to God ! Declaration of the fourth article. We have also agreed
concerning all the ships sailing out from the well-preserved Tripoli, that
they [evidently the Tripolitans] are not allowed to take any of the American
ships until a term of eighteen months shall have expired, and likewise there
See footnote 3, p. 1070.
1076 TRIPOLI
shall not be taken any of the Tripolitan ships until the condition of eighteen
months shall be fulfilled, because the country of the Americans is at a great
distance. This stipulation is connected with the passports ; when the number of
months of the term that we have mentioned shall be complete, and we have
observed the term of one year and a half, beginning by the date which we
have mentioned, then all the ships of the Americans must have passports.
Thus.
Praise be to God ! Declaration of the fifth article. We have agreed that,
if persons of the American nation have bought a prize from the nation
which has been by correspondence [writing] that they have bought it [apart
from the obscurity of this Arabic sentence, it seems that some words after
"nation" have been omitted], then the written document shall be valid
between us from both sides, because the correspondence has the validity of
a passport, and term shall be of one year from the date of their buying the
prize. Thus.
Praise be to God! Declaration of the sixth article. We have agreed that
all American vessels putting into the port of the well-preserved Tripoli, of the
Americans [sic], shall buy anything they are entitled to, provisions and other
things. If the ship has suffered any damage, she shall repair it and so forth,
like all the other Christian nations. And if an American ship, while sailing,
has encountered winds or heavy storm at sea and is shipwrecked, and she is
in want of lifting [?] or of anything else, she shall take whatever is necessary
[or "whatever belongs to her"], and if she is bound to another country, being
full of cargo, while such a misfortune befell her at sea, and she put into the
port of Tripoli in order to repair all her damages, [she shall be allowed to
do so]. And if she wants to sell her merchandise, she shall pay the customs
according to the custom of other [Christian] nations. But if she has repaired
all her damages and discharged her load and merchandise, and then reloads
it again as it was before, [the cargo] shall be free. Thus.
Praise be to God! Declaration of the seventh article. We have agreed
that if any vessel of the Americans is shipwrecked or damaged on the shore
of Tripoli, the Moslems shall assist them until their goods are completely
recovered from him who withholds. And if the vessel has merchandise or
anything else, the Moslems shall be with them guarding the goods from
thieves [deceivers] and shall watch over them until they have finished their
affairs. Thus.
Praise be to God ! Declaration of the eighth article. We have agreed upon
this matter from both the two [sic] sides. If there is an American ship in the
neighborhood of the Tripoli shore, and an enemy of their own kind [i.e., a
Christian enemy] encounters them and pursues them, trying to take them,
then they shall be assisted from the side of the Moslems with guns from the
forts of Tripoli for their defense [?], that they commit no hostility against
PEACE AND FRIENDSHIP— NOV. 4, 1796, AND JAN. 3, 1797 1077
them within gunshot. Likewise, if they are in the port, lying at anchor, the
enemy shall not be allowed to expel them. Likewise, if there are at anchor in
the port two ships [belonging to nations] which are at enmity with each other,
and one of them wishes to sail out, then her enemy shall not be allowed to sail
out within twenty-four hours, as is the custom of all the [Christian] nations.
Thus.
Praise be to God ! Declaration of the ninth article. We have agreed that all
the tradesmen and likewise the merchants [the two words used here are the
Arabic musabbibin and the foreign word merkantiyye ; perhaps it is simply
a pleonastic expression, or perhaps two different classes of commercial people
are meant] of the American nation who bring merchandise to the well-
preserved Tripoli, and likewise the captains and sailors, shall have to pay the
customs as all the [Christian] nations pay them, and as it is the custom, and
the Consul of the Americans shall continue doing his official duty as it is
done by all the [Christian] nations, namely, the kiss of the Feast and of the
[mifdd?]. Thus.
The word not translated (mifdd, or something like it), is of uncertain reading; the
Italian translation renders it by "godimento." It may have denoted some periodical, prob-
ably annual, entertainment or feast of non-religious character, at which the authorities had
to pay a complimentary visit to the Sultan. The "Feast" seems to denote that of the 1st of
Shawwal, the conclusion of the Ramadan fasting. I guess that on such occasions the consuls
had to "kiss" the Pasha's cloak or even the floor in front of His Highness, and most prob-
ably they were obliged to accompany that act of reverence with the offering of costly
presents.
Praise be to God ! Declaration of the tenth article. Be it known that the
Americans have paid the present and the money for the peace treaty on
the hand of the exalted Lord, our Master, the Lord Hassan Pasha, who
[al-munshi?] in Algiers, may God strengthen him, and they are now acquitted
of the number of presents [literally "the number, the present"] and likewise
of the money, and this money and these presents they have given [shall be
counted] forever, and they shall not continue to pay every year. This which
they have given shall be at once complete, remaining forever. Thus.
The word not translated, probably to be read al-munshi, seems to be the equivalent of
"residing" or "governing," but is not used in that sense in common Arabic.
The eleventh article of the Barlow translation has no equivalent whatever in the Arabic.
The Arabic text opposite that article is a letter from Hassan Pasha of Algiers to Yussuf
Pasha of Tripoli. The letter gives notice of the treaty of peace concluded with the Ameri-
cans and recommends its observation. Three fourths of the letter consists of an introduc-
tion, drawn up by a stupid secretary who just knew a certain number of bombastic words
and expressions occurring in solemn documents, but entirely failed to catch their real
meaning. Here the only thing to be done by a translator is to try to give the reader an
impression of the nonsensical original:
Praise be to God, who inspires the minds of rulers with causes of well-being
and righteousness ! The present matter may be in the interest of the land and
the servants [of God], in order that things may be put in their place. This
whole affair has been opened [by omission of one letter the Arabic reads
1078 TRIPOLI
"victories" instead of "opened"] by the intermediary of the exalted, honored
Prince, the Lord Hassan Pasha, in the protected [by God] Algiers, may God
strengthen him and give him victory and help him in accomplishing good
things; thus in the beginning and in the end, and may the acquiescence in
his order take place by considering all his affairs, and may his endeavor re-
pose on the fitness of his reflection. So may God make it, the beginning of
this peace, a good and graceful measure and an introduction having for re-
sult exaltation and glorification, out of love for our brother and friend and
our most beloved, the exalted Lord Yussuf Pasha, [here follows the same
word as in Article 10: al-munshi?, "residing" or "governing"] in the well-
protected [by God] Tripoli, may God strengthen him by His grace and His
favor, amen! Because our interests are one and united, because our aim is
that acts may succeed by overflowing justice, and the observance [of duty? ;
of treaties?; of the Sacred Law?] becomes praiseworthy by facts entirely,
amen ! by making successful safety and security by permanence of innumer-
able benefits and pure and unmixed issue. Prosperity accompanies highness
and facilitation of good by length of the different kinds of joy makes perma-
nent. Praise be to God for the comprehensive benefit and your perfect gifts,
may God make them permanent for us and for you, thus till the day of
resurrection and judgment, as long as times last, amen !
Further, if there are American people coming to the well-protected Tripoli,
they wish to be, by your carefulness, honored [and free] from all disagree-
ments as are, indeed, all the [Christian] nations, so that nobody molests
them and no injury befalls them; and likewise people from Tripoli, if they
proceed to the country of the Americans, they shall be honored, elevated
upon the heads, nobody molesting or hindering them until they travel [home-
ward] in good state and prosperity. Thus. And greetings!
Praise be to God! Declaration of the twelfth article. If there arises a
disturbance between us on both sides, and it becomes a serious dispute, and
the American Consul is not able to make clear [settle] his affair, and [then]
the affair shall remain suspended between them both, between the Pasha
of Tripoli, may God strengthen him, and the Americans, until the Lord
Hassan Pasha, may God strengthen him, in the well-protected Algiers, has
taken cognizance of the matter. We shall accept whatever decision he
enjoins on us, and we shall agree with his condition and his seal [i, e., the
decision sealed by him] ; may God make it all permanent love and a good
conclusion between us in the beginning and in the end, by His grace and
favor, amen!
[THE "receipt"]
forty thousand watches seal ells sersdr[?]
duros rings of cloth garments
40,000 13 5 140 4
PEACE AND FRIENDSHIP— NOV. 4, 1796, AND JAN. 3, 1797 1079
Praise be to God ! Explanation : This is our memorandum delivered to
[in the hand of] its bearer, the Captain Ibrahim [sic], the American: We
have received forty thousand royal duros and thirteen watches, some of
them gold, some silver, some tumbdk, and five seal rings, three of which
diamond, one sapphire, one with a watch in it, hundred and forty one [«'<;]
ells of cloth, and four sersdr [?] garments. That is on account of the peace
treaty of His [God's] servant, Yussuf Pasha, with the Americans and the
completeness [perhaps the last word means only that the memorandum is
hereby finished].
The seal, badly imprinted on this "receipt," is the same as the topmost of those which
follow Article 12 of the treaty; it represents the signature of Hassan Pasha.
On the right side of the seal there are four small lines of script, written by the same
hand that wrote the names of the goods and the figures at the top of the page, and the
two lines under the seal, but a hand other than that which wrote the three lines of text.
Those four lines of script read as follows: "Karamaili [sic], may his glory last, amen!
20th day of Jumada al-awwl, year 1211." The last two lines read: "This is the copy
from [sic] the memorandum of the exalted Lord Yussuf Pasha, in the well-preserved
Tripoli, and his seal.
The word used for "silver" (fejra) is uncommon, although not altogether unknown.
The word corresponding to "pinsback" in the Barlow translation is tumbdk, which may
be derived from Portuguese "tambaca" (from Malay "tembaga"), which denotes copper
and a certain number of alloys of that metal. That word is derived from the Sanskrit;
the thus-named alloy of copper and zinc used to be imported from Indo-Chinese countries
(see Hobson-Jobson — A Glossary' of Colloquial Anglo-Indian Words and Phrases, 929,
and the references in Note A of that work, List of Glossaries, in verbo).
The 20th day of Jumada I, a. h. 1211, coincided with November 21, 1796, or thereabout.
"Karamaili" is probably a corruption of the clan-name, "Karamanli," which occurs
several times in the signatures to the treaty, e. e... in the signature of Yussuf Pasha of
Tripoli, but not in that of Hassan Pasha of Algiers; so it seems to be here not an adscript
to the seal of Hassan Pasha, but rather a substitute for the seal of Yussuf Pasha; but even
then it remains an enigma why he did not seal this receipt and why his name should have
been written so incompletely, with the essential elements lacking.
[the "note"]
Praise be to God! This is a memorandum and a statement of what the
Americans are still obliged to pay on account of the peace treaty: The
amount of money being the value of twelve thousand royal duros; and
likewise hawsers, being five, eight inches thick; and also cables, being three,
each ten inches thick; and also tar, twenty-five barrels; and also pitch,
twenty-five barrels; and likewise rosin, ten barrels; and also boards of rubel
[this denotation of a sort of wood is unknown to me; it is not the common
Arabic word for oak], five hundred; and likewise boards of binu flamank
[also unknown to me; flamank means Dutch; perhaps "Dutch pine" is
meant], five hundred; and also masts, being ten; and likewise yards, twelve;
and also canvas for sails [the text adds the qualification dhi lamunah, which
I cannot explain], fifty pieces; and also anchors, being four. This is what
the Americans are still obliged to pay in this mentioned number as has
been mentioned [sic] and afterwards, when the Consul comes from his coun-
try, they shall have to bring all that we have mentioned, amounting to this
808 582 — 73 70
1080 TRIPOLI
number, when he arrives at the well-preserved Tripoli, may God protect her
by His grace, amen! Contained [certified?] completely on the first day of
Rajab in this above-mentioned rescript, year 1211.
The seal imprinted on this "note" is illegible; it is, however, the seal of Hassan Pasha,
Dey of Algiers, and the same as the topmost of those which follow Article 12 of the
treaty, where the imprint is clearer.
The "4th" of Rajab is not in the Arabic text. The 1st of Rajab, 1211, may have cor-
responded to December 31, 1796, or to January 1, 1797; but compare "four days from
the beginning" in the lines written at the left of the seal of Hassan Pasha, following Article
12 of the treaty, which are translated below in the account of the seals." The Arabic ren-
dering of "1st Rajab" may also mean "beginning of Rajab."
'See 2 Miller 373.
PEACE AND AMITY
Treaty signed at Tripoli June 4, 1805
Senate advice and consent to ratification April 12, 1806
Ratified by the President of the United States April 17, 1806
Entered into force April 17, 1806
Proclaimed by the President of the United States April 22, 1806
Terminated November 1, 1912 1
8 Stat. 214; Treaty Series 359 2
Treaty of Peace and Amity between the United States of America
and the Bashaw, Bey and Subjects of Tripoli in Barbary
Article 1st
There shall be, from the conclusion of this Treaty, a firm, inviolable and
universal peace, and a sincere friendship between the President and Citizens
of the United States of America, on the one part, and the Bashaw, Bey and
Subjects of the Regency of Tripoli in Barbary on the other, made by the free
consent of both Parties, and on the terms of the most favoured Nation. And
if either party shall hereafter grant to any other Nation, any particular favour
or privilege in Navigation or Commerce, it shall immediately become com-
mon to the other party, freely, where it is freely granted, to such other Nation,
but where the grant is conditional it shall be at the option of the contracting
parties to accept, alter or reject, such conditions in such manner, as shall be
most conducive to their respective Interests.
Article 2nd
The Bashaw of Tripoli shall deliver up to the American Squadron now off
Tripoli, all the Americans in his possession; and all the Subjects of the Bashaw
of Tripoli now in the power of the United States of America shall be delivered
up to him ; and as the number of Americans in possession of the Bashaw of
Tripoli amounts to Three Hundred Persons, more or less; and the number
of Tripoline Subjects in the power of the Americans to about, One Hundred
more or less; The Bashaw of Tripoli shall receive from the United States
'Date of U.S. recognition of Italian sovereignty over Libya (see 1912 For. Rel. 608).
1 For a detailed study of this treaty, see 2 Miller 529.
1081
1082 TRIPOLI
of America, the sum of Sixty Thousand Dollars, as a payment for the differ-
ence between the Prisoners herein mentioned.
Article 3rd
All the forces of the United States which have been, or may be in hostility
against the Bashaw of Tripoli, in the Province of Derne, or elsewhere within
the Dominions of the said Bashaw shall be withdrawn therefrom, and no sup-
plies shall be given by or in behalf of the said United States, during the con-
tinuance of this peace, to any of the Subjects of the said Bashaw, who may
be in hostility against him in any part of his Dominions ; And the Americans
will use all means in their power to persuade the Brother of the said Bashaw,
who has co-operated with them at Derne &c, to withdraw from the Territory
of the said Bashaw of Tripoli; but they will not use any force or improper
means to effect that object; and in case he should withdraw himself as afore-
said, the Bashaw engages to deliver up to him, his Wife and Children now in
his power.
Article 4th
If any goods belonging to any Nation with which either of the parties are
at war, should be loaded on board Vessels belonging to the other party they
shall pass free and unmolested, and no attempt shall be made to take or
detain them.
Article 5 th
If any Citizens, or Subjects with or their effects belonging to either party
shall be found on board a Prize Vessel taken from an Enemy by the other
party, such Citizens or Subjects shall be liberated immediately and their
effects so captured shall be restored to their lawful owners or their Agents.
Article 6th
Proper passports shall immediately be given to the vessels of both the con-
tracting parties, on condition that the Vessels of War belonging to the Re-
gency of Tripoli on meeting with merchant Vessels belonging to Citizens of the
United States of America, shall not be permitted to visit them with more than
two persons besides the rowers, these two only shall be permitted to go
on board said Vessel, without first obtaining leave from the Com-
mander of said Vessel, who shall compare the passport, and immediately
permit said Vessel to proceed on her voyage ; and should any of the said Sub-
jects of Tripoli insult or molest the Commander or any other person on board
a Vessel so visited ; or plunder any of the property contained in her ; On com-
plaint being made by the Consul of the United States of America resident at
Tripoli and on his producing sufficient proof to substantiate the fact, The
Commander or Rais of said Tripoline Ship or Vessel of War, as well as the
Offenders shall be punished in the most exemplary manner.
PEACE AND AMITY— JUNE 4, 1805 1083
All vessels of War belonging to the United States of America on meeting
with a Cruizer belonging to the Regency of Tripoli, and having seen her pass-
port and Certificate from the Consul of the United States of America residing
in the Regency, shall permit her to proceed on her Cruize unmolested, and
without detention. No passport shall be granted by either party to any Ves-
sels, but such as are absolutely the property of Citizens or Subjects of said
contracting parties, on any pretence whatever.
Article 7 th
A Citizen or Subject of either of the contracting parties having bought a
Prize Vessel condemned by the other party, or by any other Nation, the
Certificate of condemnation and Bill of Sale shall be a sufficient passport for
such Vessel for two years, which, considering the distance between the two
Countries, is no more than a reasonable time for her to procure proper pass-
ports.
Article 8 th
Vessels of either party, putting into the ports of the other, and having need
of provisions or other supplies, they shall be furnished at the Market price, and
if any such Vessel should so put in from a disaster at Sea, and have occasion
to repair; she shall be at liberty to land and reimbark her Cargo, without
paying any duties; but in no case shall she be compelled to land her Cargo.
Article 9 th
Should a Vessel of either party be cast on the shore of the other, all proper
assistance shall be given to her and her Crew. No pillage shall be allowed, the
property shall remain at the disposition of the owners, and the Crew pro-
tected and succoured till they can be sent to their Country.
Article 10th
If a Vessel of either party, shall be attacked by an Enemy within Gunshot
of the Forts of the other, she shall be defended as much as possible ; If she be
in port, she shall not be seized or attacked when it is in the power of the other
party to protect her; and when she proceeds to Sea, no Enemy shall be al-
lowed to pursue her from the same port, within twenty four hours after her
departure.
Article 11th
The Commerce between the United States of America and the Regency
of Tripoli ; The Protections to be given to Merchants, Masters of Vessels and
Seamen; The reciprocal right of establishing Consuls in each Country; and
the privileges, immunities and jurisdictions to be enjoyed by such Consuls, arc-
declared to be on the same footing, with those of the most favoured Nations
respectively.
1084 TRIPOLI
Article 12th
The Consul of the United States of America shall not be answerable for
debts contracted by Citizens of his own Nation, unless, he previously gives a
written obligation so to do.
Article 13 th
On a Vessel of War, belonging to the United States of America, anchoring
before the City of Tripoli, the Consul is to inform the Bashaw of her arrival,
and she shall be saluted with twenty one Guns, which she is to return in the
same quantity or number.
Article 14th
As the Government of the United States of America, has in itself no char-
acter of enmity against the Laws, Religion or Tranquility of Musselmen, and
as the said States never have entered into any voluntary war or act of hostility
against any Mahometan Nation, except in the defence of their just rights to
freely navigate the High Seas : It is declared by the contracting parties that
no pretext arising from Religious Opinions, shall ever produce an interruption
of the Harmony existing between the two Nations; And the Consuls and
Agents of both Nations respectively, shall have liberty to exercise his Religion
in his own house ; all slaves of the same Religion shall not be impeded in going
to said Consuls house at hours of Prayer. The Consuls shall have liberty
and personal security given them to travel within the Territories of each
other, both by land and sea, and shall not be prevented from going on board
any Vessel that they may think proper to visit; they shall have likewise the
liberty to appoint their own Drogoman and Brokers.
Article 15th
In case of any dispute arising from the violation of any of the articles of
this Treaty, no appeal shall be made to Arms, nor shall War be declared on
any pretext whatever; but if the Consul residing at the place, where the dis-
pute shall happen, shall not be able to settle the same; The Government of
that Country shall state their grievances in writing, and transmit it to the
Government of the other, and the period of twelve Calendar months shall be
allowed for answers to be returned; during which time no act of hostility
shall be permitted by either party, and in case the grievances are not re-
dressed, and War should be the event, the Consuls and Citizens or Subjects
of both parties reciprocally shall be permitted to embark with their effects
unmolested, on board of what vessel or Vessels they shall think proper.
Article 16th
If in the fluctuation of Human Events, a War should break out between the
two Nations; The Prisoners captured by either party shall not be made Slaves;
but shall be exchanged Rank of Rank; and if there should be a deficiency on
PEACE AND AMITY— JUNE 4, 1805 1085
either side, it shall be made up by the payment of Five Hundred Spanish
Dollars for each Captain, Three Hundred Dollars for each Mate and Super-
cargo and One hundred Spanish Dollars for each Seaman so wanting. And it
is agreed that Prisoners shall be exchanged in twelve months from the time
of their capture, and that this Exchange may be effected by any private
Individual legally authorized by either of the parties.
Article 17 th
If any of the Barbary States, or other powers at War with the United
States of America, shall capture any American Vessel, and send her into any
of the ports of the Regency of Tripoli, they shall not be permitted to sell her,
but shall be obliged to depart the Port on procuring the requisite supplies of
Provisions; and no duties shall be exacted on the sale of Prizes captured by
Vessels sailing under the Flag of the United States of America when brought
into any Port in the Regency of Tripoli.
Article 18th
If any of the Citizens of the United States, or any persons under their
protection, shall have any dispute with each other, the Consul shall decide
between the parties; and whenever the Consul shall require any aid or as-
sistance from the Government of Tripoli, to enforce his decisions, it shall
immediately be granted to him. And if any dispute shall arise between any
Citizen of the United States and the Citizens or Subjects of any other Nation,
having a Consul or Agent in Tripoli, such dispute shall be settled by the Con-
suls or Agents of the respective Nations.
Article 19th
If a Citizen of the United States should kill or wound a Tripoline, or, on
the contrary, if a Tripoline shall kill or wound a Citizen of the United States,
the law of the Country shall take place, and equal justice shall be rendered,
the Consul assisting at the trial; and if any delinquent shall make his escape,
the Consul shall not be answerable for him in any manner whatever.
Article 20th
Should any Citizen of the United States of America die within the limits of
the Regency of Tripoli, the Bashaw and his Subjects shall not interfere with
the property of the deceased; but it shall be under the immediate direction of
the Consul, unless otherwise disposed of by will. Should there be no Consul,
the effects shall be deposited in the hands of some person worthy of trust,
until the party shall appear who has a right to demand them, when they shall
render an account of the property. Neither shall the Bashaw or his Subjects
give hindrance in the execution of any will that may appear.
Whereas, the undersigned, Tobias Lear, Consul General of the United
1086 TRIPOLI
States of America for the Regency of Algiers, being duly appointed Commis-
sioner, by letters patent under the signature of the President, and Seal of the
United States of America, bearing date at the City of Washington, the 18"
day of November 1803 for negociating and concluding a Treaty of Peace,
between the United States of America, and the Bashaw, Bey and Subjects of
the Regency of Tripoli in Barbary —
Now Know Ye, That I, Tobias Lear, Commissioner as aforesaid, do con-
clude the foregoing Treaty, and every article and clause therein contained ;
reserving the same nevertheless for the final ratification of the President of
the United States of America, by and with the advice and consent of the
Senate of the said United States.
Done at Tripoli in Barbary, the fourth day of June, in the year One
thousand, eight hundred and five; corresponding with the sixth day of the
first month of Rabbia 1220.
Tobias Lear [seal]
Having appeared in our presence, Colonel Tobias Lear, Consul General of
the United States of America, in the Regency of Algiers, and Commissioner
for negociating and concluding a Treaty of Peace and Friendship between Us
and the United States of America, bringing with him the present Treaty of
Peace with the within Articles, they were by us minutely examined, and we do
hereby accept, confirm and ratify them, Ordering all our Subjects to fulfill
entirely their contents, without any violation and under no pretext.
In Witness whereof We, with the heads of our Regency, Subscribe it.
Given at Tripoli in Barbary the sixth day of the first month of Rabbia 1220,
corresponding with the 4th. day of June 1805.
Jusuf Caramanly Bashaw [seal]
Mohamet Caramanly Bey [seal]
Mohamet Kahia [seal]
Hamet Rais de Marino [seal]
Mohamet Dghies First Minister [seal]
Salah Aga of Divan [seal]
Selim Hasnadare [seal]
Murat Dulartile [seal]
Murat Rais Admiral [seal]
Soliman Kehia [seal]
Abdalla Basa Aga [seal]
Mahamet Scheig al Belad [seal]
Alli Ben Diab First Secretary [seal]
PEACE AND AMITY— JUNE 4, 1805 1087
[receipt]
We hereby acknowledge to have received from the hands of Colonel Tobias
Lear the full sum of sixty thousand dollars, mentioned as Ransom for two
hundred Americans, in the Treaty of Peace concluded between Us and the
United States of America on the Sixth day of the first Month of Rabbia
1 220 — and of all demands against the said United States.
Done this twenty first day of the first month of Rabbia 1 220.3
(Joseph Carmanaly) Bashaw [seal]
JJune 19,1805.
Tunis
AMITY, COMMERCE, AND NAVIGATION
Treaty concluded at Tunis August 28, 1797
Senate advice and consent to ratification, with a condition regarding
article XIV, March 6, 1798 x
Alterations in articles XI, XII, and XIV concluded at Tunis March
26, 1799
Senate advice and consent to alterations in articles XI, XII, and XIV
December 24, 1799
Ratified by the President of the United States January 10, 1800
Amended by convention of February 24, 1824 2
Superseded May 7, 1904, by treaty of March 15, 1904, between the
United States and France 3
8 Stat. 157; Treaty Series 360 *
[translation]6
God is infinite.
Under the auspices of the greatest, the most powerful of all the Princes of
the Ottoman nation who reign upon the earth, our most glorious and most
august Emperor, who commands the two lands and the two seas, Selim Kan,
the victorious son of the Sultan Moustafa, whose realm may God prosper
1 The Senate gave its advice and consent to ratification "on condition that the fourteenth
article of the said treaty, which relates to the duties on merchandise, (to be reciprocally
paid by the citizens and subjects of the said parties, in their respective ports,) shall be
suspended," and recommended that the President negotiate with the Bey and Government
of Tunis on the subject of that article "so as to accommodate the provisions thereof to the
existing treaties of the United States with other nations."
The text printed here is the amended text as ratified by the President.
JTS361, post, p. 1096.
» TS 434, ante, vol. 7, p. 862, FRANCE.
* For a detailed study of this treaty, see 2 Miller 386.
6 The original treaty is in the Turkish language, with a French translation written
opposite each article.
1088
COMMERCE AND NAVIGATION— AUGUST 28, 1797 1089
until the end of ages, the support of Kings, the Seal of Justice, the Emperor
of Emperors.
The Most Illustrious and Most Magnificent Prince, Hamouda Pacha, Bey,
who commands the Odgiak of Tunis, the abode of happiness, and the Most
Honored Ibrahim Dey, and Soliman, Aga of the Janissaries, the Chief of the
Divan, and all the Elders of the Odgiak; and the Most Distinguished and
Honored President of the Congress of the United States of America, the most
distinguished among those who profess the religion of the Messiah, of whom
may the end be happy-
We have concluded between us the present treaty of peace and friendship,
all the articles of which have been framed by the intervention of Joseph
Stephen Famin, French merchant residing at Tunis, Charge d'Affaires of the
United States of America, which stipulations and conditions are comprised
in twenty-three articles, written and expressed in such manner as to leave no
doubt of their contents, and in such way as not to be contravened.
Article I
There shall be a perpetual and constant peace between the United States
of America and the Magnificent Pacha, Bey of Tunis; and also a permanent
friendship, which shall more and more increase.
Article II
If a vessel of war of the two nations shall make prize of an enemy's vessel,
in which may be found effects, property, and subjects of the two contracting
parties, the whole shall be restored : the Bey shall restore the property and
subjects of the United States, and the latter shall make a reciprocal restora-
tion, it being understood on both sides that the just right to what is claimed
shall be proved.
Article III
Merchandise belonging to any nation which may be at war with one of the
contracting parties, and loaded on board of the vessels of the other, shall pass
without molestation, and without any attempt being made to capture or
detain it.
Article IV
On both sides sufficient passports shall be given to vessels, that they may be
known and treated as friendly; and, considering the distance between the two
countries, a term of eighteen months is given, within which term respect
shall be paid to the said passports, without requiring the conge or document,
(which, at Tunis, is called testa), but after the said term the conge shall be
presented.
1090 TUNIS
Article V
If the corsairs of Tunis shall meet at sea with ships of war of the United
States, having under their escort merchant-vessels of their nation, they shall
not be searched or molested; and in such case the commanders shall be
believed upon their word, to exempt their ships from being visited, and to
avoid quarantine. The American ships of war shall act in like manner towards
merchant-vessels escorted by the corsairs of Tunis.
Article VI 6
If a Tunisian corsair shall meet with an American merchant-vessel, and
shall visit with it her boat, she shall not exact anything, under pain of being
severely punished. And in like manner if a vessel of war of the United States
shall meet with a Tunisian merchant-vessel, she shall observe the same rule.
In case a slave shall take refuge on board of an American vessel of war,
the Consul shall be required to cause him to be restored ; and if any of their
prisoners shall escape on board the Tunisian vessels they shall be restored.
But if any slave shall take refuge in any American merchant-vessel, and it
shall be proved that the vessel has departed with the said slave, then he shall
be returned, or his ransom shall be paid.
Article VII
An American citizen having purchased a prize vessel from our Odgiak,
may sail with our passport, which we will deliver for the term of one year, by
force of which our corsairs which may meet with her shall respect her; the
Consul, on his part, shall furnish, her with a bill of sale, and, considering the
distance of the two countries, this term shall suffice to obtain a passport in
form. But, after the expiration of this term, if our corsairs shall meet with her
without the passport of the United States, she shall be stopped and declared
good prize, as well the vessel as the cargo and crew.
Article VIII
If a vessel of one of the contracting parties shall be obliged to enter into a
port of the other, and may have need of provisions and other articles, they
shall be granted to her without any difficulty, at the price current at the
place ; and if such a vessel shall have suffered at sea, and shall have need of
repairs, she shall be at liberty to unload and reload her cargo, without being
obliged to pay any duty; and the captain shall only be obliged to pay the
wages of those whom he shall have employed in loading and unloading the
merchandise.
1 For amendments, see convention of Feb. 24, 1824 (TS 361 ), post, p. 1096.
COMMERCE AND NAVIGATION— AUGUST 28, 1797 1091
Article IX
If, by accident and by the permission of God, a vessel of one of the contract-
ing parties shall be cast by tempest upon the coasts of the other, and shall be
wrecked or otherwise damaged, the commandant of the place shall render
all possible assistance for its preservation, without allowing any person to
make any opposition; and the proprietor of the effects shall pay the costs of
salvage to those who may have been employed.
Article X
In case a vessel of one of the contracting parties shall be attacked by an
enemy under the cannon of the forts of the other party, she shall be defended
and protected as much as possible ; and when she shall set sail, no enemy shall
be permitted to pursue her from the same port, or any other neighboring port,
for forty-eight hours after her departure.
Article XI 6
When a vessel of war of the United States of America shall enter the port
of Tunis, and the Consul shall request that the castle may salute her, the
number of guns shall be fired which he may request; and if the said Consul
does not want a salute, there shall be no question about it.
But in case he shall desire the salute, and the number of guns shall be fired
which he may have requested, they shall be counted and returned by the
vessel in as many barrels of cannon powder.
The same shall be done with respect to the Tunisian corsairs when they
shall enter any port of the United States.
Article XII6
When citizens of the United States shall come within the dependencies
of Tunis, to carry on commerce there, the same respect shall be paid to them
which the merchants of other nations enjoy; and if they wish to establish
themselves within our ports, no opposition shall be made thereto; and they
shall be free to avail themselves of such interpreters as they may judge neces-
sary, without any obstruction, in conformity with the usages of other nations;
and if a Tunisian subject shall go to establish himself within the dependencies
of the United States, he shall be treated in like manner.
If any Tunisian subject shall freight an American vessel and load her
with merchandise, and shall afterwards want to unlade or ship them on
board of another vessel, we will not permit him, until the matter is determined
by a reference of merchants, who shall decide upon the case; and after the
decision the determination shall be conformed to.
No captain shall be detained in port against his consent, except when our
ports are shut for the vessels of all other nations, which may take place with
respect to merchant-vessels, but not to those of war.
1092 TUNIS
The subjects of the two contracting powers shall be under the protection
of the Prince, and under the jurisdiction of the Chief of the place where they
may be, and no other person shall have authority over them. If the comman-
dant of the place does not conduct himself agreeably to justice, a representa-
tion of it shall be made to us.
In case the Government shall have need of an American merchant-vessel,
it shall cause it to be freighted, and then a suitable freight shall be paid to the
captain agreeably to the intention of the Government, and the captain shall
not refuse it.
Article XIII
If among the crews of merchant-vessels of the United States there shall
be found subjects of our enemies, they shall not be made slaves, on condition
that they do not exceed a third of the crew; and when they do exceed a third,
they shall be made slaves : The present article only concerns the sailors, and
not the passengers, who shall not be in any manner molested.
Article XIV 7
A Tunisian merchant who may go to America with a vessel of any nation
soever, loaded with merchandise which is the production of the Kingdom of
Tunis, shall pay duty (small as it is) like the merchants of other nations;
and the American merchants shall equally pay for the merchandise of their
country, which they may bring to Tunis under their flag, the same duty as
the Tunisians pay in America.
But if an American merchant, or a merchant of any other nation, shall
bring American merchandise under any other flag, he shall pay six per cent,
duty: In like manner, if a foreign merchant shall bring the merchandise
of his country under the American flag, he shall also pay six per cent.
Article XV
It shall be free for the citizens of the United States to carry on what com-
merce they please in the Kingdom of Tunis, without any opposition, and they
shall be treated like the merchants of other nations ; but they shall not carry
on commerce in wine, nor in prohibited articles; and if any one shall be
detected in a contraband trade, he shall be punished according to the laws
of the country. The commandants of ports and castles shall take care, that
the captains and sailors shall not load prohibited articles; but if this should
happen, those who shall not have contributed to the smuggling shall not be
molested nor searched, no more than shall the vessel and cargo; but only
the offender, who shall be demanded to be punished. No captain shall be
7 For an amendment, see convention of Feb. 24, 1824 (TS 361), post, p. 1096.
COMMERCE AND NAVIGATION— AUGUST 28, 1797 1093
obliged to receive merchandise on board his vessel, nor to unlade the same
against his will, until the freight shall be paid.
Article XVI
The merchant-vessels of the United States which shall cast anchor in the
road of the Gouletta, or any other port of the Kingdom of Tunis, shall be
obliged to pay the same anchorage for entry and departure which French
vessels pay, to wit : Seventeen piasters and a half, money of Tunis, for entry,
if they import merchandise; and the same for departure, if they take away
a cargo; but they shall not be obliged to pay anchorage if they arrive in
ballast, and depart in the same manner.
Article XVII
Each of the contracting parties shall be at liberty to establish a Consul
in the dependencies of the other; and if such Consul does not act in con-
formity with the usages of the country, like others, the Government of the
place shall inform his Government of it, to the end that he may be changed
and replaced ; but he shall enjoy, as well for himself as his family and suite,
the protection of the Government ; and he may import for his own use all his
provisions and furniture without paying any duty; and if he shall import
merchandise, (which it shall be lawful for him to do,) he shall pay duty
for it.
Article XVIII
If the subjects or citizens of either of the contracting parties, being within
the possessions of the other, contract debts, or enter into obligations, neither
the Consul nor the nation, nor any subjects or citizens thereof shall be in any
manner responsible, except they or the Consul shall have previously become
bound in writing; and without this obligation in writing, they cannot be
called upon for indemnity or satisfaction.
Article XIX
In case of a citizen or subject of either of the contracting parties dying
within the possessions of the other, the Consul or the Vekil shall take posses-
sion of his effects, (if he does not leave a will,) of which he shall make an
inventory; and the Government of the place shall have nothing to do there-
with. And if there shall be no Consul, the effects shall be deposited in the
hands of a confidential person of the place, taking an inventory of the whole,
that they may eventually be delivered to those to whom they of right belong.
Article XX
The Consul shall be the judge in all disputes between his fellow-citizens
or subjects, as also between all other persons who may be immediately under
1094 TUNIS
his protection; and in all cases wherein he shall require the assistance of the
Government where he resides to sanction his decisions, it shall be granted to
him.
Article XXI
If a citizen or subject of one of the parties shall kill, wound, or strike a
citizen or subject of the other, justice shall be done according to the laws of
the country where the offence shall be committed: The Consul shall be
present at the trial ; but if any offender shall escape, the Consul shall be in
no manner responsible for it.
Article XXII
If a dispute or law-suit on commercial or other civil matters shall happen,
the trial shall be had in the presence of the Consul, or of a confidential person
of his choice, who shall represent him, and endeavor to accommodate the
difference which may have happened between the citizens or subjects of the
two nations.
Article XXIII
If any difference or dispute shall take place concerning the infraction of
any article of the present treaty on either side, peace and good harmony
shall not be interrupted, until a friendly application shall have been made for
satisfaction ; and resort shall not be had to arms therefor, except where such
application shall have been rejected ; and if war be then declared, the term
of one year shall be allowed to the citizens or subjects of the contracting
parties to arrange their affairs, and to withdraw themselves with their
property.
The agreements and terms above concluded by the two contracting parties
shall be punctually observed with the will of the Most High. And for the
maintenance and exact observance of the said agreements, we have caused
their contents to be here transcribed, in the present month of Rebia Elul, of
the Hegira one thousand two hundred and twelve, corresponding with the
month of August of the Christian year one thousand seven hundred and
ninety-seven.
[The Aga Soliman's [Ibrahim Dey's [The Bey's
signature signature signature
and seal] and seal] and seal]
Whereas the President of the United States of America, by his letters
patent, under his signature and the seal of state, dated the eighteenth
[seal] day of December, one thousand seven hundred and ninety-eight,
vested Richard O'Brien, William Eaton, and James Leander Cath-
cart, or any two of them in the absence of the third, with full powers to con-
fer, negotiate, and conclude with the Bey and Regency of Tunis, on certain
COMMERCE AND NAVIGATION— AUGUST 28, 1797 1095
alterations in the treaty between the United States and the Government of
Tunis, concluded by the intervention of Joseph Etienne Famin, on behalf of
the United States, in the month of August, one thousand seven hundred and
ninety-seven, we, the underwritten William Eaton and James Leander
Cathcart, (Richard O'Brien being absent,) have concluded on and entered,
in the foregoing treaty, certain alterations in the eleventh, twelfth, and four-
teenth articles, and do agree to said treaty with said alterations, reserving the
same nevertheless for the final ratification of the President of the United
States, by and with the advice and consent of the Senate.
In testimony whereof we annex our names and the consular seal of the
United States. Done in Tunis, the twenty-sixth day of March, in the year of
the Christian era one thousand seven hundred and ninety-nine, and of
American Independence the twenty-third.
William Eaton
James Leander Cathcart
PEACE
Convention signed at Bardo, near Tunis, February 24, 1824, amend-
ing treaty of August 28, 1797 1
Senate advice and consent to ratification January 13, 1825
Ratified by the President of the United States between January 13
and 21, 1825 2
Proclaimed by the President of the United States January 21, 1825
Superseded May 7, 1904, by agreement of March 15, 1904, between
the United States and France 3
8 Stat. 298; Treaty Series 361
Article the 6th
If a Tunisian corsair shall meet with an American vessel, and shall visit
it with her boat, two men only shall be allowed to go on board, peaceably, to
satisfy themselves of its being American, who, as well as any passengers of
other nations they may have on board, shall go free, both them and their
goods; and the said two men shall not exact anything, on pain of being
severely punished.
In case a slave escapes, and takes refuge on board an American vessel of
war, he shall be free, and no demand shall be made either for his restoration
or for payment.
Article the 11th
When a vessel of war of the United States shall enter the port of the
Gouletta, she shall be saluted with twenty-one guns, which salute the vessel
of war shall return gun for gun only, and no powder will be given, as men-
tioned in the ancient eleventh article of this treaty, which is hereby annulled.
Article the 12th
When citizens of the United States shall come within the dependencies of
Tunis to carry on commerce there, the same respect shall be paid to them
which the merchants of other nations enjoy; and if they wish to establish
1 TS 360, ante, p. 1088.
2 For a detailed study of this convention and a discussion regarding date of ratification,
see 3 Miller 141.
s TS 434, ante, vol. 7, p. 862, FRANCE.
1096
PEACE— FEBRUARY 24, 1824 1097
themselves within our ports, no opposition shall be made thereto, and they
shall be free to avail themselves of such interpreters as they may judge neces-
sary, without any obstruction, in conformity with the usages of other nations;
and if a Tunisian subject shall go to establish himself within the dependencies
of the United States, he shall be treated in like manner.
If any Tunisian subject shall freight an American vessel, and load her
with merchandise, and shall afterwards want to unload, or ship them on
board of another vessel, we shall not permit him until the matter is deter-
mined by a reference of merchants, who shall decide upon the case; and
after the decision the determination shall be conformed to.
No captain shall be detained in port against his consent, except when our
ports are shut for the vessels of all other nations, which may take place with
respect to merchant vessels, but not to those of war.
The subjects and citizens of the two nations, respectively, Tunisians and
Americans, shall be protected in the places where they may be by the officers
of the Government there existing; but, on failure of such protection, and for
redress of every injury, the party may resort to the chief authority in each
country, by whom adequate protection and complete justice shall be rendered.
In case the Government of Tunis shall have need of an American vessel
for its service, such vessel being within the Regency, and not previously en-
gaged, the Government shall have the preference, on its paying the same
freight as other merchants usually pay for the same service, or at the like
rate, if the service be without a customary precedent.
Article the 14th
All vessels belonging to the citizens and inhabitants of the United States
shall be permitted to enter the ports of the Kingdom of Tunis, and freely trade
with the subjects and inhabitants thereof, on paying the usual duties which
are paid by other most favoured nations at peace with the Regency. In like
manner, all vessels belonging to the subjects and inhabitants of the Kingdom
of Tunis shall be permitted to enter the different ports of the United States,
and freely trade with the citizens and inhabitants thereof, on paying the usual
duties which are paid by other most favoured nations at peace with the United
States.
Concluded, signed, and sealed, at the Palace of Bardo, near Tunis, the 24th
day of the moon jumed-teni, in the year of the Hegira 1239, corresponding
[to] the 24th of February, 1 824, of the Christian year, and the 48th year of the
Independence of the United States, reserving the same, nevertheless, for the
final ratification of the President of the United States, by and with the advice
and consent of the Senate.
S. D. Heap, Charge" d' Affaires [seal]
[Sidi Mahmoud's signature and seal]
RELATIONS IN TUNIS
Treaty signed for the United States and France at Washington
March 15, 1904
Senate advice and consent to ratification March 24, 1904
Ratified by France April 3, 1904
Ratified by the President of the United States May 6, 1904
Entered into force May 7, 1904
Proclaimed by the President of the United States May 9, 1904 1
[For text, see TS 434, ante, vol. 7, p. 862, FRANCE.]
*A general convention between France and Tunisia signed June 3, 1955, provided,
inter alia, ( 1 ) for recognition of the primacy of international conventions and treaties
over internal law (art. 3) and (2) that Tunisia would take, within the framework of its
internal autonomy, measures necessary for rendering applicable treaties concerning Tunisia
and for assuring their execution (art. 8). In a protocol between France and Tunisia signed
Mar. 20, 1956, France recognized the independence of Tunisia.
1098
Turkey
EXTRADITION
Treaty signed at Lausanne August 6, 1923
Senate advice and consent to ratification February 5, 1934
Ratified by the President of the United States February 21, 1934
Ratified by Turkey May 8, 1934
Ratifications exchanged at Ankara June 18, 1934
Entered into force August 18, 1934
Proclaimed by the President of the United States August 18, 1934
49 Stat. 2692 ; Treaty Series 872
Extradition Treaty between the United States of America
and Turkey
The United States of America and Turkey
having deemed it advantageous, with a view to assuring a better admin-
istration of justice, to surrender, reciprocally, under certain specified
circumstances, persons sentenced or prosecuted for the crimes and
offenses indicated hereinafter, have resolved to conclude a new Extradi-
tion Treaty and to that end have appointed as their Plenipotentiaries,
to wit :
THE PRESIDENT OF THE UNITED STATES OF AMERICA,
Joseph C. Grew, Envoy Extraordinary and Minister Plenipotentiary of
the United States of America to the Swiss Confederation;
THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY,
Ismet Pasha, Minister of Foreign Affairs of the Government of the
Grand National Assembly of Turkey, Deputy of Adrianople in the said
Assembly;
1 See also agreements between the United States and the Ottoman Empire, ante, vol. 10,
p. 619, OTTOMAN EMPIRE.
1099
1100 TURKEY
Doctor Riza Nour Bey, Minister of Sanitary Affairs and of Social Wel-
fare of the Government of the Grand National Assembly of Turkey, Deputy
of Sinope in the said Assembly; and
Hassan Bey, former Minister of National Economy of the Government of
the Grand National Assembly of Turkey, Deputy of Trebizond in the said
Assembly ;
Who, after having exhibited their full powers, found to be in good and due
form, have agreed upon the following provisions :
Article I
The Government of the United States of America and the Government of
the Grand National Assembly of Turkey agree upon requisition to deliver
reciprocally persons who, being prosecuted or condemned by the judicial
authorities of one of the High Contracting Parties for any of the crimes or of-
fenses enumerated in Article II, committed in territory subject to the juris-
diction of such Party, may seek asylum or be found in the territory of the
other Party. Nevertheless, the extradition shall take place only if the evi-
dence of culpability is such that, according to the laws of the place where the
fugitive or accused is found, it would justify his apprehension and warrant
penal proceedings had the act been committed there.
Article II
Extradition shall be granted for the following crimes and offenses, pro-
vided they are punishable both under the laws of the place of refuge and
under those of the State making the requisition, to wit :
1. — Wilful homicide, including parricide, assassination, poisoning and
infanticide.
2. — Arson.
3. — Piracy; mutiny on board a vessel when the crew or a part thereof or
other persons on board shall have taken possession of the vessel, by means of
fraud or violence against the captain.
4.— The act of breaking into and entering a dwelling house in the night
time with intent to commit therein a crime, the character of which shall be
specified in the documents referred to in Article VI. (Crime of burglary.)
5. — The forgery or falsification of public or private documents; fraudulent
use of forged or falsified documents.
6. — Counterfeiting, forgery or alteration of money (either coin or paper),
public bonds and their coupons, bank-notes, debentures, or other documents
or instruments of credit; the issuance, circulation or use thereof with fraudu-
lent intent; forgery or counterfeiting of public seals, dies, stamps, or marks,
as well as the fraudulent use of such forged or counterfeited objects.
EXTRADITION— AUGUST 6, 1923 1101
7. — Embezzlement of public funds by the depositaries of such funds or by
public officers, when the funds embezzled exceed 200 dollars or the equiv-
alent in Turkish money.
8. — Embezzlement by a person or persons employed or salaried, to the det-
riment of their employers, provided that such crime or offense is punishable
by imprisonment or more severe penalty under the laws of both countries, and
that the funds embezzled exceed 200 dollars or the equivalent in Turkish
money.
9. — Wilful and unlawful destruction or obstruction of railroads, which en-
dangers human life.
10. — Abortion; rape; violation; kidnapping of minors or adults, defined
to be the abduction or detention of a person or persons, for the purpose of
exacting money from them or their families, or for any other unlawful end.
11. — Robbery; house-breaking or shop-breaking.
12. — Larceny, if the money or the value of the objects stolen exceeds 25
dollars or the equivalent in Turkish money.
13. — Swindling; receiving money, securities or other property, knowing
the same to have been embezzled, stolen or fraudulently obtained ; when the
amount of money or the value of the property exceeds 200 dollars or the
equivalent in Turkish money.
14. — Fraud or breach of trust by any person; notably, by a depositary,
agent, banker, or trustee, or by the president, a member or any officer of a
company or association, if the loss suffered exceeds 200 dollars or the equiva-
lent in Turkish money.
15. — Perjury or subornation of perjury.
16. — Crimes or offenses against the laws of both countries relative to the
suppression of slavery and the slave trade.
1 7 . — Fraudulent bankruptcy.
18. — Bribery.
19. — Serious woundings the minimum punishment of which is not less
than one year of imprisonment.
20. — Attempt to commit offenses mentioned above, when such attempt is
punishable as a crime.
21. — Complicity in any of the above mentioned crimes or offenses pro-
vided such complicity is punishable by imprisonment or a more severe penalty
by the laws of both the Contracting Parties.
Article III
Extradition shall not take place for political crimes or offenses nor for acts
connected with such crimes or offenses.
The attack upon the life of the Head of a State or the members of his
family shall not be deemed a political crime or offense.
1102 TURKEY
No person surrendered by one of the High Contracting Parties to the other
Party shall be prosecuted or punished for an offense committed before the
demand of extradition other than that for which the extradition has been
granted, unless such person expressly consents in writing, which shall be
communicated to the Government of the Party which effected the extradi-
tion; or unless, having had during 30 days since his definitive release the
opportunity of leaving the territory of the State which demanded his extradi-
tion, he has not availed himself of this opportunity; or finally, unless he
returns to such territory after having left it.
Article IV
When the person whose extradition is demanded is under prosecution,
whether in custody or out on bail, for another offense committed in the
country in which he has sought asylum, or when he has been convicted of
such offense, his extradition may be deferred until the penal proceedings be
determined and until he shall have been definitively set at liberty in due
course of law.
Article V
The High Contracting Parties shall not be bound to accord the extradition
of their respective nationals.
Article VI
Demands for extradition shall be made through diplomatic channels.
When the person whose extradition is demanded shall have been sen-
tenced for the offense which occasioned the demand for extradition, the de-
mand must be accompanied by an authentic copy of the sentence pronounced.
If the person claimed is merely charged with an offense, the demand must be
accompanied by a duly certified copy of the warrant of arrest issued by the
competent magistrate of the Party demanding the extradition, as well as by
duly authenticated copies of the depositions or other evidence upon the basis
of which the warrant was issued. These documents must contain the precise
indication of the offense charged and of the place where and the time when
it was committed. They must be accompanied by a duly certified copy of the
provisions of law applicable to the offense charged as well as by the elements
necessary to establish the identity of the person claimed.
The documents above indicated shall be drawn up in the form prescribed
by the laws of the Party demanding the extradition and shall be accompanied
by a translation, in the language of the Party from which the extradition is
demanded or in French, certified to be in conformity with the original.
It is understood that the extradition procedure shall be governed by the
regulations in force at the time of the demand in the State upon which the
demand is made.
EXTRADITION— AUGUST 6, 1923 1103
Article VII
When provisional arrest of a person is requested before the demand for
extradition has been presented, the demand relating thereto shall be made
through the diplomatic channel or addressed directly to the competent
authorities of the Party on which it is made by the competent Consul of the
Party making the demand or by another person duly authorized by such
Party. The procedure to be followed for the arrest shall be governed by the
regulations in force in the State on which the demand is made.
The provisional detention must cease and the person arrested must be set
at liberty unless within three months, dating from the arrest, not including
the day of the arrest, a formal demand for extradition, accompanied by the
necessary documents, is presented in the manner prescribed in Article VI.
Article VIII
Extradition shall not be accorded when under the law of the Party on
which demand is made or under that of the Party making the requisition
the prosecution or the penalty imposed is barred by limitation.
Article IX
All articles seized which are in the possession of the person demanded, at
the time of his arrest, shall, at the time of the extradition, be delivered up
with his person to the Party making the demand ; such delivery shall extend
not only to articles acquired by means of the offense with which the accused
is charged but also to all other articles that may serve to prove the offense.
The rights of third parties with regard to the articles in question shall, how-
ever, be duly respected.
Article X
The expenses of the arrest, detention and transportation of the persons
extradited shall be paid by the Party making the requisition.
Article XI
The present Treaty shall come into force two months after the date of the
exchange of ratifications and shall remain in force for five years.
If this Treaty is not denounced by one of the High Contracting Parties
at least six months before the expiration of the said period of five years, it
shall remain in force until it is denounced, such denunciation becoming effec-
tive only after the expiration of a period of six months.
Article XII
The present Treaty, in French, English and Turkish, shall be ratified. In
case of divergence the French text shall prevail.
The ratifications shall be exchanged at Constantinople as soon as possible.
308-582—73 71
1104 TURKEY
In witness whereof the above mentioned Plenipotentiaries have signed
the present Treaty and have affixed their seals thereto.
Done at Lausanne, August 6, 1923.
Joseph C. Grew [seal]
m. ismet [seal]
Dr. Riza Nour [seal]
Hassan [seal]
CLAIMS
Exchange of notes at Constantinople December 24, 1923
Confirmed by agreement of February 17, 1927 x
Entered into force August 15, 1933
Replaced by agreement of October 25, 1934,2 as supplemented and
modified
1923 For. Rel. (II) 1190
The American High Commissioner to the Delegate
of the Ministry of Foreign Affairs
[translation]
Constantinople, December 24, 1923
Excellency: Pursuant to the discussions which have been held at Con-
stantinople since October 10, 1923, in conformity with the letters exchanged
at Lausanne August 6, 1923, with a view to reserving for a subsequent dis-
cussion the question of the reciprocal claims of the nationals of the United
States and of Turkey, I have the honor to inform you that I am authorized by
my Government to convey to Your Excellency the following :
My Government is in accord with the Government of the Turkish Re-
public for the designation of two representatives as members of a committee
which will meet at Constantinople six months after the exchange of the ratifi-
cations of the treaty signed at Lausanne August 6, 1923/ concerning the
general relations between the United States and Turkey. This committee will
proceed, with a view to determining the solutions which should be given
them, to the examination of the claims presented by either Government within
a period of six months from its constitution. The dossiers of the claims must
contain the documents establishing the nature, the origin, and the justifica-
tion of each claim.
Documents not accompanying the claims presented within the period of
six months provided for in the preceding paragraph and relating to the said
'Post, p. 1109.
8EAS73,/><wf,p. 1129.
! Unperfected ; for text, see 1923 For. Rel. (II) 1153.
1105
1106 TURKEY
claims must be communicated to the committee at the latest within a period
of one year from its constitution.
I shall be grateful if Your Excellency will be so good as to convey to me
the confirmation of this arrangement.
Accept [etc.]
Mark L. Bristol
The Delegate of the Ministry of Foreign Affairs to the American
High Commissioner
[translation]
Constantinople, December 24, 1923
Excellency : I have had the honor to receive the note which Your Excel-
lency was good enough to send me December 24th, 1923, concerning the
question of the reciprocal claims of the nationals of Turkey and of the United
States, a question which was reserved for a subsequent discussion by virtue
of the letters exchanged at Lausanne August 6th, 1923.
I am authorized by my Government to inform Your Excellency that it is
in accord with the Government of the United States for the designation for
its part of two representatives as members of a committee which will meet
at Constantinople six months after the exchange of the ratifications of the
treaty signed at Lausanne August 6, 1923, concerning the general relations
between Turkey and the United States. This committee will proceed with a
view to determining the solutions which should be given them, to the exam-
ination of the claims presented by either government within a period of six
months from its constitution. The dossiers of the claims must contain the docu-
ments establishing the nature, the origin, and the justification of each claim.
Documents not accompanying the claims presented within the period of six
months provided for in the preceding paragraph and relating to the said
claims must be communicated to the committee at the latest within a period
of one year from its constitution.
Accept [etc.]
Dr. Adnan
MOST-FAVORED-NATION TREATMENT
IN CUSTOMS MATTERS
Exchange of notes at Ankara February 17 [?] and 18, 1926
Entered into force February 20, 1926
Renewed for six months by agreement of July 20, 1926 1
Expired February 20, 1927
1926 For. Rel. (II) 999
The American High Commissioner to the Minister of Foreign Affairs
Angora, February 17 [18?], 1926
Your Excellency: I have the honor to inform Your Excellency that
pending the ratification of the Treaties between Turkey and the United States
of America, signed at Lausanne August 6, 1923," my Government consents,
in order to define the regime which will be applicable to the commerce be-
tween the United States and Turkey for six months, dating from February
20, 1926, to extend to agricultural and industrial products originating in or
proceeding from Turkey, and imported into the United States for consump-
tion, transit, or reexportation, that treatment accorded the most favored
nation. The provisions of this agreement do not apply to the treatment which
is accorded by the United States of America to the commerce of its depend-
encies, Cuba, or the Panama Canal Zone.
It is understood that the application of this provisional agreement is sub-
ject to the application, in Turkey, to agricultural and industrial products
originating in or proceeding from the United States, of that treatment pro-
vided for by the Commercial Convention signed at Lausanne July 24, 1923,3
in regard to the products of the States signatories thereof. The provisions of the
present agreement do not apply to the commerce between Turkey and the
countries detached from the Ottoman Empire following the war of 1914, nor
to the frontier traffic with a state contiguous to Turkey.
Accept [etc.]
Mark L. Bristol
1 Not printed.
'Treaty concerning general relations (unperfected; for text, see 1923 For. Rel. (II)
1153) and extradition treaty (TS 872, ante, p. 1099).
3 28 League of Nations Treaty Series 171.
1107
1108 TURKEY
The Minister of Foreign Affairs to the American High Commissioner
[translation]
No. 54(542/3 Angora, February 18, 1926
Mr. Representative : I have the honor to inform you that pending the
ratification of the Treaty between Turkey and the United States of America,
signed at Lausanne August 6, 1923, my Government consents, in order to
define a regime which will be applicable to the commerce between Turkey
and the United States for 6 months, dating from February 20, 1926, to extend
to agricultural and industrial products originating in or proceeding from
the United States, and imported into Turkey for consumption, transit, or re-
exportation, that treatment accorded the most favored nation. The provisions
of the present agreement do not apply to the commerce between Turkey and
the countries detached from the Ottoman Empire following the war of 1914,
nor to the frontier traffic with a State contiguous to Turkey.
It is understood that the application of this provisional agreement is subject
to the application, in the United States of America, to agricultural and indus-
trial products originating in or proceeding from Turkey, of that treatment
accorded the most favored nation. The provisions of the present agreement
do not apply to the treatment which is accorded by the United States of
America to the commerce of its dependencies, Cuba, or the Panama Canal
Zone.
Accept [etc.]
Dr. Rouschdy
RELATIONS
Exchange of notes at Ankara February 17, 1927
Entered into force February 17, 1927
Expired April 22, 1930 1
1927 For. Rel. (Ill) 794
The American High Commissioner to the Minister of Foreign Affairs
[translation]
Angora, February 17, 1927
Excellency: I have the honor to make the following statement of the
agreement which has resulted from the conversations that have been held
at Angora on behalf of the Government of the United States of America
and the Government of Turkey with reference to the regularization of
relations between the United States of America and Turkey.
1. The United States of America and Turkey are agreed to establish
between themselves diplomatic and consular relations, based upon the
principles of international law, and to proceed to the appointment of Ambas-
sadors as soon as possible. They are further agreed that their diplomatic
and consular representatives shall enjoy, on the basis of reciprocity in the
territory of the other, the treatment recognized by the general principles
of public international law.
2 (a). The United States of America and Turkey are agreed to regu-
late, by treaties or special conventions, on the basis of the general principles
of public international law and of complete reciprocity, the commercial
and consular relations, as well as the conditions of establishment and resi-
dence, of the nationals of the other party, in their respective territories.
(b) In the event that the treaty signed at Lausanne August 6, 1923,*
by the United States of America and Turkey should be ratified on or before
June 1, 1928, the provisions of that treaty, together with its annexes, shall
be considered as meeting the requirements specified in subparagraph (a) of
1 Date of entry into force of treaty of Oct. 1, 1929 (TS 813, post, p. 1122).
'Unperfected; for text, see 1923 For. Rel. (II) 1153.
1109
1110 TURKEY
this paragraph, as regards the regularization of commercial and consular
relations, and conditions of establishment and residence. It is understood
that in the event the Turkish-American treaty should be ratified on or before
June 1, 1928, article 31, thereof, shall be modified at the time of its ratifi-
cation in the following sense : the articles of the said treaty which have a tem-
porary character shall expire on the same date as the corresponding provisions
of the treaties and conventions signed by Turkey and the Allies at Lausanne,
July 24, 1923.
(c) The United States of America and Turkey are agreed that the treaty
of extradition signed at Lausanne, August 6, 1923,3 shall, at a time mutually
convenient to them, be submitted to the competent authorities of their
respective Governments for ratification. Further, that negotiations for a natu-
ralization convention shall be undertaken within six months after the coming
into effect of the consular convention and the convention of establishment
and residence referred to in subparagraph (a) of this paragraph,4 or the
coming into effect of the Turkish-American treaty mentioned in subpara-
graph ( b ) . The question of claims shall be dealt with in accordance with
the provisions of the notes exchanged between the American and Turkish
Governments at Constantinople on December 24, 1923; 5 it being under-
stood that the provisions of those notes will come into force six months after
the exchange of ratifications of the commercial convention and the conven-
tion of establishment and residence referred to in subparagraph (a), in
the event that the Turkish-American treaty, mentioned in subparagraph
(b), is not ratified.
3. Pending the coming into effect of the consular convention and the
convention of establishment and residence referred to in subparagraph (a)
of paragraph ( 2 ) , or the coming into effect of the Turkish-American treaty
mentioned in subparagraph (b), the principles enumerated in paragraph
( 1 ) and ( 2 ) of this note, together with the essential provisions of the Turkish-
American treaty signed at Lausanne August 6, 1923, and its annexes, shall
constitute the basis for the treatment, which, on condition of reciprocity,
shall be accorded the nationals of the United States of America in the
territory of Turkey and the nationals of Turkey in the territory of the United
States of America.
4. The present agreement shall become effective on the day of signature.
I should be glad to have your confirmation of the accord thus reached.
Accept [etc.]
Mark L. Bristol
3 TS 872, ante, p. 1099.
* See TS 813 and 859, post, pp. 1122 and 1127.
sAnte, p. 1105.
RELATIONS— FEBRUARY 17, 1927 1111
The Minister of Foreign Affairs to the American High Commissioner
[translation]
Angora, February 17, 1927
Mr. Representative: I have the honor to make the following statement
of the agreement which has resulted from the conversations that have been
held at Angora on behalf of the Government of Turkey and the Government
of the United States of America with reference to the regularization of rela-
tions between Turkey and the United States of America.
1 . Turkey and the United States of America are agreed to establish be-
tween themselves diplomatic and consular relations, based upon the principles
of international law, and to proceed to the appointment of Ambassadors as
soon as possible. They are further agreed that their diplomatic and consular
representatives shall enjoy, on the basis of reciprocity in the territory of the
other, the treatment recognized by the general principles of public inter-
national law.
2 (a). Turkey and the United States of America are agreed to regulate,
by treaties or special conventions, on the basis of the general principles of
public international law and of complete reciprocity, the commercial and
consular relations, as well as the conditions of establishment and residence, of
the nationals of the other party, in their respective territories.
(b) In the event the treaty signed at Lausanne August 6, 1923, by
Turkey and the United States of America should be ratified on or before
June 1, 1928, the provisions of that treaty, together with its annexes, shall be
considered as meeting the requirements specified in subparagraph (a) of this
paragraph, as regards the regularization of commercial and consular rela-
tions, and conditions of establishment and residence. It is understood that in
the event the Turkish-American treaty should be ratified on or before June 1 ,
1928, article 31, thereof, shall be modified at the time of its ratification in the
following sense : the articles of the said treaty which have a temporary char-
acter shall expire on the same date as the corresponding provisions of the
treaties and conventions signed by Turkey and the Allies at Lausanne,
July 24, 1923.
( c ) Turkey and the United States of America are agreed that the treaty
of extradition signed at Lausanne, August 6, 1923, shall, at a time mutually
convenient to them, be submitted to the competent authorities of their respec-
tive Governments for ratification. Further, that negotiations for a naturaliza-
tion convention shall be undertaken within six months after the coming into
effect of the consular convention and the convention of establishment and
residence referred to in subparagraph (a) of this paragraph, or the coming
into effect of the Turkish- American treaty mentioned in subparagraph ( b ) .
The question of claims shall be dealt with in accordance with the provisions of
the notes exchanged between the Turkish and American Governments at
308-582— 73 72
1112 TURKEY
Constantinople on December 24, 1923; it being understood that the provi-
sions of those notes will come into force six months after the exchange of
ratifications of the commercial convention and the convention of establish-
ment and residence referred to in subparagraph (a), in the event that the
Turkish- American treaty, mentioned in subparagraph ( b ) , is not ratified.
3. Pending the coming into effect of the consular convention and the
convention of establishment and residence referred to in subparagraph (a)
of paragraph ( 2 ) , or the coming into effect of the Turkish- American treaty
mentioned in subparagraph (b), the principles enumerated in paragraphs
( 1 ) and ( 2 ) of this note, together with the essential provisions of the Turkish-
American treaty signed at Lausanne August 6, 1923, and its annexes, shall
constitute the basis for the treatment, which, on condition of reciprocity,
shall be accorded the nationals of Turkey in the territory of the United States
of America and the nationals of the United States of America in the territory
of Turkey.
4. The present agreement shall become effective on the day of signature.
I should be glad to have your confirmation of the accord thus reached.
Accept [etc.]
Dr. T. Rouschdy
MOST-FAVORED-NATION TREATMENT
IN CUSTOMS MATTERS
Exchange of notes at Ankara February 17, 1927
Entered into force February 20, 1927
Expired May 20, 1928
1927 For. Rel. (Ill) 797
The American High Commissioner to the Minister of Foreign Affairs
[translation]
Angora, February 17, 1927
Excellency: I have the honor to make the following statement of the
agreement which has resulted from the conversations that have been held at
Angora on behalf of the Government of the United States of America and the
Government of Turkey with reference to the treatment which shall be ac-
corded to the commerce of Turkey by the United States of America and to
the commerce of the United States of America by Turkey.
Pending the coming into effect of the commercial convention referred to
in subparagraph (a) of paragraph (2), of the notes exchanged today con-
cerning the relations between the United States of America and Turkey,1 or
the coming into effect of the Turkish-American treaty signed at Lausanne
August 6, 1923,2 the status quo resulting from the exchange of notes of
July 20, 1926,3 regarding commercial relations between the United States of
America and Turkey, shall be preserved for a period of one year, dating from
February 20, 1927. At the expiration of this period the status quo shall
automatically continue for a further term of three months, unless in the
meantime the provisions of this note shall have been modified by mutual
agreement ; or unless either of the two contracting parties shall have asked for
a revision of its provisions.
I should be glad to have your confirmation of the accord thus reached.
Accept [etc.]
Mark L. Bristol
1 Ante, p. 1109.
2 Unperfected ; for text, see 1923 For. Rel. (II) 1153.
* Not printed. The agreement of July 20, 1926, renewed for six months the agreement of
Feb. 17[?]and 18,1926 (ante,?. 1107).
1113
1114 TURKEY
The Minister of Foreign Affairs to the American High Commissioner
[translation]
Angora, February 17, 1927
Mr. Representative : I have the honor to make the following statement
of the agreement which has resulted from the conversations that have been
held at Angora on behalf of the Government of Turkey and the Government
of the United States of America with reference to the treatment which shall
be accorded to the commerce of the United States of America by Turkey and
to the commerce of Turkey by the United States of America.
[For text of statement, see second paragraph of U.S. note, above.]
I should be glad to have your confirmation of the accord thus reached.
Accept [etc.]
Dr. T. Rouschdy
MOST-FAVORED-NATION TREATMENT
IN CUSTOMS MATTERS
Exchange of notes at Ankara May 19, 1928
Entered into force May 20, 1928
Expired April 10, 1929
1928 For. Rel. (Ill) 953
The Minister of Foreign Affairs to the American Ambassador
[translation]
Angora, May 19, 1928
Excellency : I have the honor to inform Your Excellency that pending
the coming into force of the Treaty of Commerce between Turkey and the
United States of America, signed August 6, 1923,1 my Government, with the
object of determining the regime which, for ten months and twenty days on
and after May 20, 1928, shall apply to the commerce between Turkey and
the United States of America, agrees that the products of the soil and industry
of the United States of America and coming therefrom imported into Turkish
territory and intended for consumption or reexportation or transit shall enjoy,
during the time above stated, the treatment provided by the Commercial
Convention signed at Lausanne on July 24, 1923,2 for the products of the
States that have signed it. The provisions of this arrangement do not apply to
the treatment granted by Turkey to the commerce between it and the coun-
tries detached from the Ottoman Empire following the War of 1914, nor to
the border traffic with limitrophe States.
It is understood that the application of this provincial regime is condi-
tioned on the United States of America applying to the products of the soil
and industry of Turkey and coming therefrom the treatment of the most
favored nation. The provisions of this arrangement do not apply to the
treatment granted by the United States of America to the commerce of its
dependencies, Cuba or the Panama Canal Zone.
Be pleased [etc.] Dr. Rouschdy
1 Unperfected; for text, see 1923 For. Rcl. (II) 1153.
"28LNTS 171.
1115
1116 TURKEY
The American Ambassador to the Minister of Foreign Affairs
[translation]
Angora, May 19, 1928
Excellency : I have the honor to inform Your Excellency that pending
the coming into force of the Treaty of Commerce between Turkey and the
United States of America, signed August 6, 1923, my Government, with
the object of determining the regime which, for ten months and twenty days
on and after May 20, 1928, shall apply to the commerce between Turkey and
the United States of America, agrees that the products of the soil and indus-
try of Turkey and coming therefrom imported into the territory of the United
States of America and intended for consumption or reexportation or transit
shall enjoy, during the time above stated, the treatment of the most favored
nation. The provisions of this arrangement do not apply to the treatment
granted by the United States of America to the commerce of its dependencies,
Cuba or the Panama Canal Zone.
It is understood that the application of this provisional regime is condi-
tioned on Turkey applying to the products of the soil and industry of the
United States of America and coming therefrom the treatment provided by
the Commercial Convention signed at Lausanne on July 24, 1923, for the
products of the States that have signed it. The provisions of this arrangement
do not apply to the treatment granted by Turkey to the commerce between
it and the countries detached from the Ottoman Empire following the War
of 1914 nor to the border traffic with limitrophe States.
Be pleased [etc.]
Joseph C. Grew
NARCOTIC DRUGS
Exchange of notes at Constantinople February 18, 1928, and at Ankara
October 3, 1928
Entered into force October 3, 1928
Department of State files
The American Ambassador to the Minister of Foreign Affairs
Constantinople
no. 29 February 18, 1928
Excellency :
I have the honor to advise Your Excellency, under instructions from my
Government, of the interest of its Treasury Department in bringing about a
stricter control of the illicit traffic in narcotic drugs through the establishment
of closer cooperation between the administrative officials of the United
States and those of Your Excellency's Government.
To achieve this end, my Government would be deeply appreciative of the
cooperation of the Government of the Turkish Republic in arranging for
1 ) the direct exchange between the Treasury Department and the correspond-
ing Turkish Ministry of information and evidence with reference to persons
engaged in the illicit traffic. This would include such information as photo-
graphs, criminal records, finger prints, Bertillon measurements, description of
the methods which the persons in question have been found to use, the places
from which they have operated, the partners they have worked with, etc.
2) The immediate direct forwarding of information by letter or cable as to
the suspected movements of narcotic drugs, or of those involved in smuggling
drugs, if such movements might concern Turkey or the United States. Unless
such information as this reaches its destination directly and speedily it is
useless. 3 ) Mutual cooperation in detective and investigating work.
The officer of the Treasury Department who would have charge, on behalf
of the United States Government, of the cooperation in the suppression of the
illicit traffic in narcotics is Colonel L. G. Nutt, whose mail and telegraph
address is Deputy Commissioner in Charge of Narcotics, Treasury Depart-
ment, Washington, D.C.
Should the arrangements proposed above meet with the approval of Your
1117
1118 TURKEY
Excellency's Government, I should be grateful, in order that I may communi-
cate with my Government, if Your Excellency, in so informing me, would
give me the name of the Turkish official with whom the aforesaid Colonel
Nutt should enter into communication.
I avail myself of this opportunity to renew to Your Excellency the
assurances of my highest consideration.
Joseph C. Grew
His Excellency
Tewfik Rousghdy Bey
Minister for Foreign Affairs
Angora, Turkey
The Ministry for Foreign Affairs to the American Embassy
[TRANSLATION]
REPUBLIC OF TURKEY
MINISTRY OF FOREIGN AFFAIRS
No. 51821-32
The Ministry of Foreign Affairs has the honor to acknowledge the receipt
of the Note Verbale which the Embassy of the United States of America
addressed to it on February 18 last, sub No. 29, with regard to the organiza-
tion of a control to be established between the responsible authorities of each
country, with a view to combating the traffic in drugs and the contraband
in narcotics.
As a result of a communication, emanating from the competent Depart-
ment, which had been advised of the contents of the Note above-mentioned,
the Ministry of Foreign Affairs now has the honor to inform the Embassy
of the United States of America that the Government of the Republic of
Turkey, while accepting the proposed cooperation suggested by the competent
American Department, wishes nevertheless to limit this cooperation as far
as is strictly necessary, in order that it may in no way hinder the commerce
in and exportation of crude opium, which constitutes one of Turkey's
principal exports.
The cooperation should, therefore, consist in the exchange of photographs,
information regarding suspected persons, fingerprints, and in exchanging
information with regard to the methods employed by smugglers, in order
to locate the scene of their activities.
To this end the Ministry of the Interior has authorized Staff Lieutenant-
Colonel Cherif Bey, Prefect of Police of Stamboul, to enter into contact
with Colonel L. G. Nutt, in order to regulate the questions of procedure
and details regarding the suggested cooperation between both countries;
all in accordance with the limitation set forth above.
NARCOTIC DRUGS— FEBRUARY 18 AND OCTOBER 3, 1928 1119
The Ministry of Foreign Affairs would be obliged if the Embassy of the
United States of America would bring the foregoing to the attention of whom
it may concern.
Angora, October 3, 1928.
[SEAL]
The Embassy of the United States of America
City
MOST-FAVORED-NATION TREATMENT
IN CUSTOMS MATTERS
Exchange of notes at Ankara April 8, 1929
Entered into force April 10, 1929
Renewed by exchange of notes at Ankara April 8, 1930 *
Expired April 22, 1930 2
1929 For. Rel. (111)817
The Minister of Foreign Affairs to the American Ambassador
[TRANSLATION]
no 62318-12 Angora, April 8, 1929
Excellency: I have the honor to inform Your Excellency that pending
the concluding and the coming into force of a treaty of commerce and
navigation, my Government, with the object of determining the regime
which, for twelve months beginning on April 10, 1929, shall apply to the
commerce between Turkey and the United States of America, agrees that
the products of the soil and industry of the United States of America and
coming therefrom, imported into Turkish territory and intended for con-
sumption or reexportation or transit shall enjoy, during the time above
stated, the treatment of the most-favored nation. The provisions of this
arrangement do not apply to the advantages granted by Turkey to the
commerce between it and the countries detached from the Ottoman Empire
following the War of 1914, nor to the border traffic with the limitrophe states.
It is understood that the application of this provisional regime is con-
ditioned on the United States of America applying, during the period stated,
to the products of the soil and industry of Turkey and coming therefrom
the treatment of the most-favored nation. The provisions of this arrange-
ment do not apply to the treatment granted by the United States of America
to the commerce of its dependencies, Cuba and the Panama Canal Zone.
Be pleased [etc.]
Dr. T. Rusttj
Not printed.
Date of entry into force of treaty of Oct. 1, 1929 (TS 813, post, p. 1122).
1120
MOST-FAVORED-NATION TREATMENT— APRIL 8, 1929 H21
The American Ambassador to the Minister of Foreign Affairs
Angora, April 8, 1929
Excellency: I have the honor to inform Your Excellency that pending
the concluding and the coming into force of a treaty of commerce and naviga-
tion, my Government, with the object of detennining the regime which,
for twelve months beginning on April 10, 1929, shall apply to the commerce
between the United States of America and Turkey, agrees that the products
of the soil and industry of Turkey and coming therefrom imported into the
territory of the United States of America and intended for consumption or
reexportation or transit shall enjoy, during the time above stated, the treat-
ment of the most-favored nation. The provisions of this arrangement do not
apply to the treatment granted by the United States of America to the
commerce of its dependencies, Cuba or the Panama Canal Zone.
It is understood that the application of this provisional regime is condi-
tioned on Turkey's applying to the products of the soil and industry of the
United States of America and coming therefrom, the treatment of the most-
favored nation. The provisions of this arrangement do not apply to the
treatment granted by Turkey to the commerce between it and the countries
detached from the Ottoman Empire following the War of 1914, nor to the
border traffic with limitrophe states.
Be pleased [etc.]
Joseph C. Grew
COMMERCE AND NAVIGATION
Treaty signed at Ankara October 1, 1929, with text of understandings
Senate advice and consent to ratification February 17, 1930
Ratified by the President of the United States March 3, 1930
Ratified by Turkey April 21, 1930
Ratifications exchanged at Ankara April 22, 1930
Entered into force April 22, 1930
Proclaimed by the President of the United States April 25, 1930
46 Stat. 2743; Treaty Series 813
Treaty of Commerce and Navigation Between the United States
of America and the Turkish Republic
The United States of America and the Turkish Republic, desirous of main-
taining and furthering their commercial relations and of defining the treat-
ment which shall be accorded in their respective territories to the commerce
and shipping of the other, have resolved to conclude a treaty of commerce
and navigation and for that purpose have appointed their plenipotentiaries.
The President of the United States of America :
Joseph C. Grew, Ambassador Extraordinary and Plenipotentiary of the
United States of America to the Turkish Republic.
The President of the Turkish Republic :
Zekai Bey, Deputy of Diarbekir, former Minister, Ambassador.
Menemenli Numan Bey, Minister Plenipotentiary, Undersecretary of State
at the Ministry of Foreign Affairs.
Who, having communicated to each other their full powers, found to be
in due form, have agreed upon the following articles :
Article 1 1
In respect of, import and export duties, including surtaxes and coefficients
of increase, and other duties and charges affecting commerce, as well as in
respect of transit, warehousing and customs formalities, and the treatment
of commercial travelers' samples, the United States will accord to Turkey and
Turkey will accord to the United States, its territories and possessions, un-
conditional most-favored-nation treatment.
1 For an understanding relating to art. I, see p. 1 125.
1122
COMMERCE AND NAVIGATION— OCTOBER 1, 1929 1123
Therefore, no higher or other duties shall be imposed on the importation
into or the disposition in the United States, its territories or possessions, of any
articles the produce or manufacture of Turkey than are or shall be payable
on like articles the produce or manufacture of any other foreign country;
Similarly, no higher or other duties shall be imposed on the importation into
or the disposition in Turkey of any articles the produce or manufacture of the
United States, its territories or possessions, than are or shall be payable on like
articles the produce or manufacture of any other foreign country;
Similarly, no higher or other duties shall be imposed in the United States,
its territories or possessions, or in Turkey, on the exportation of any articles to
the other or to any territory or possession of the other, than are payable on the
exportation of like articles to any other foreign country ;
Any advantage, of whatsoever kind, which either High Contracting Party
may extend to any article, the growth, produce or manufacture of any other
foreign country shall simultaneously and unconditionally, without request
and without compensation, be extended to the like article the growth, pro-
duce or manufacture of the other High Contracting Party.
The stipulations of this article do not apply :
(a) To the treatment which the United States accords or may hereafter
accord in the matter of the customs tariff to the commerce of Cuba or
of any of the territories or possessions of the United States ; or to the commerce
of the Panama Canal Zone; or to the treatment which is or may hereafter
be accorded to the commerce of the United States with any of its territories
or possessions; or to the commerce of its territories or possessions with one an-
other or with the Panama Canal Zone ;
( b ) To such special advantages and favors which Turkey accords or may
hereafter accord in the matter of the customs tariff affecting products originat-
ing within the countries detached in 1923 from the former Ottoman Em-
pire; or to the treatment which Turkey may accord to purely border traffic
within a zone not exceeding fifteen kilometers wide on either side of the
Turkish customs frontier.
Article II 2
In all that concerns matters of prohibitions or restrictions on importations
and exportations each of the two countries will accord, whenever they may
have recourse to the said prohibitions or restrictions, to the commerce of the
other country treatment equally favorable to that which is accorded to any
other country.
The same treatment will apply in the case of granting licenses in so far as
concerns commodities, their valuations and quantities.
* For an understanding relating to a proposed third paragraph of art. II, see p. 1 125.
1124 TURKEY
Article III 3
(a) Vessels of the United States of America will enjoy in Turkey and
Turkish vessels will enjoy in the United States of America the same treat-
ment as national vessels.
(b) The stipulations of Article III paragraph (a) do not apply:
(1) To coastwise traffic (cabotage) governed by the laws which are
or shall be in force within the territories of each of the High Contracting
Parties;
(2) To the support in the form of bounties or subsidies of any kind
which is or may be accorded to the national merchant marine;
(3) To fishing in the territorial waters of the High Contracting Parties;
nor to special privileges which have been or may be recognized, in one or
the other country, to products of national fishing;
(4) To the exercise of the maritime service of ports, roadsteads or sea-
coasts; nor to pilotage and towage; nor to diving; nor of maritime assistance
and salvage ; so long as such operations are carried out in the respective ter-
ritorial waters, and for Turkey in the Sea of Marmara.
(c) All other exceptions not included in those mentioned above shall be
subject to most-favored-nation treatment.
Article IV
Nothing in this treaty shall be construed to restrict the right of either High
Contracting Party to impose prohibitions or restrictions of a sanitary char-
acter designed to protect human, animal or plant life, or regulations for the
enforcement of police or revenue laws.
Article V
The present Treaty shall be ratified and the ratifications thereof shall be
exchanged at Ankara as soon as possible. It shall take effect at the instant
of the exchange of ratifications and shall remain in effect for a period of three
years and thereafter until one year from the date when either of the High
Contracting Parties shall have notified the other of an intention to terminate
it; with the reservation, however, that the obligations concerning national
treatment contained in paragraph (a) Article III hereof may, after one
year from the date of the exchange of ratifications, be terminated by either
party on ninety days' written notice and shall cease sixty days after the en-
actment of legislation inconsistent with the above-mentioned national treat-
ment obligations by either of the High Contracting Parties.
"For understandings relating to art. Ill, para, (b), see p. 1125.
COMMERCE AND NAVIGATION— OCTOBER 1, 1929 1125
In witness whereof the respective plenipotentiaries have signed the
same and have affixed their seals thereto.
Done at Ankara in duplicate in the English and Turkish languages which
have the same value and will have equal force this first day of October nine-
teen hundred and twenty-nine.
Joseph C. Grew [seal]
Zekai [seal]
M. Numan [seal]
Understandings 4
[translation]
1. With regard to Article I, the President of the Turkish Delegation, His
Excellency Zekai Bey, declares that by the words : "other duties and charges
affecting commerce", contained in the first paragraph of the Article, he
understands the duties pertaining to importation and exportation, to con-
sumption taxes, etc. and not to internal taxes levied on incomes and to taxes
on profits. The President of the American Delegation, Mr. Grew, declares
that his Government is entirely in accord with the Turkish Delegation with
respect to the interpretation given by the Turkish Delegation to the phrase :
"other dudes and charges affecting commerce". The American Government
is of the opinion, he says, that it is clear from the words as well as from the
text that the sense of the phrase in question does not include taxes on incomes
and taxes on profits.
2. For the third paragraph of Article II reading as follows: "It is under-
stood that the High Contracting Parties shall have the right to apply these
prohibitions or restrictions to products favored by premiums or subsidies,
either openly or secretly", the President of the American Delegation declares
that his Government desires to suppress this paragraph since it is not the
practice of the United States to accord premiums or subsidies and that no
provision on this subject has been inserted hitherto in any American treaties.
The President of the Turkish Delegation declares that he will consent to
omit this paragraph of the text of the Treaty in view of the declaration of
the President of the American Delegation.
3. The President of the American Delegation declares that by Article III,
paragraph (b), section 1, he understands that in all cases American and
Turkish ships shall be permitted to pass from one port of the territories of
one of the Parties into one or several ports of the territories of the same Party,
either in order to unload there the whole or a part of their cargo or of their
passengers coming from abroad, or to make up or complete there their cargo
or to take on passengers for a foreign destination.
* Contained in minutes of meeting of Oct. 1, 1929
1126 TURKEY
The President of the Turkish Delegation declares that the Turkish Gov-
ernment gives the same interpretation to this provision.
4. The President of the American Delegation requests His Excellency the
President of the Turkish Delegation to be so kind as to inform him whether
it is understood that the exceptions enumerated in paragraph ( b ) of Article
III will be applied to vessels of the United States in Turkey and to Turkish
vessels in the United States without distinction in favor of any third country.
The President of the Turkish Delegation replies in the affirmative saying
that such is his understanding. Thereupon the President of the American
Delegation declares that they are in accord on this subject.
Joseph C. Grew
Zekai
ESTABLISHMENT AND SOJOURN
Treaty signed at Ankara October 28, 1931
Senate advice and consent to ratification May 3, 1932
Ratified by the President of the United States May 12, 1932
Ratified by Turkey November 24, 1932
Ratifications exchanged at Washington February 15, 1933
Entered into force February 15, 1933
Proclaimed by the President of the United States February 18, 1933
47 Stat. 2432 ; Treaty Series 859
The United States of America and the Republic of Turkey, being desirous
of prescribing, in accordance with modern international law, the conditions
under which the nationals and corporations of each of the High Contracting
Parties may settle and carry on business in the territory of the other Party,
and with a view to regulating accordingly questions relating to jurisdiction
and fiscal charges, have decided to conclude a treaty for that purpose and
have appointed their plenipotentiaries:
The President of the United States of America :
Joseph C. Grew, Ambassador Extraordinary and Plenipotentiary of the
United States of America to the Turkish Republic ;
and
The President of the Turkish Republic:
Zekai Bey, Minister for National Defence
who, having communicated to each other their respective full powers, found
to be in good and due form, have agreed upon the following provisions :
Article I
With reference to the conditions of establishment and sojourn which shall
be applicable to the nationals and corporations of either country in the ter-
ritories of the other, as well as to fiscal charges and judicial competence, the
United States of America will accord to Turkey and Turkey will accord to
the United States of America the same treatment in all cases as that which
is accorded or shall be accorded to the most favored third country'.
Nothing contained in this treaty shall be construed to affect existing stat-
1127
1128 TURKEY
utes and regulations of either country in relation to the immigration of aliens
or the right of either country to enact such statutes.
Article II
The present Treaty shall be ratified and the ratifications thereof shall be
exchanged at Washington as soon as possible.
It shall take effect at the instant of the exchange of ratifications and shall
remain in effect for three years. After this date it shall remain in effect until
the expiration of twelve months from the date on which notice of its termina-
tion shall have been given by either High Contracting Party to the other.
In witness whereof the plenipotentiaries have signed the present Treaty
and have affixed their seals thereto.
Done in duplicate in the English and Turkish language at Ankara this 28th
day of October nineteen hundred and thirty one.
J. G. G. (Joseph C. Grew) [seal]
Z. S. (Zekai) [seal]
CLAIMS
Agreement signed at Ankara October 25, 1934
Entered into force October 25, 1934
Ratified by Turkey December 23, 1934
Supplemented by agreement of May 29 and June 15, 1936 x
Modified by agreement of October 1 and November 3, 1937 2
Terminated upon fulfillment of its terms
49 Stat. 3670; Executive Agreement Series 73
The Government of the United States of America and the Government
of the Republic of Turkey, being desirous of effecting an amiable, expe-
ditious and economical adjustment of the claims embraced by the Agree-
ment concluded by them through an exchange of notes dated December 24,
1923,3 and confirmed by an Agreement through an exchange of notes dated
February 17, 1927,* have resolved to conclude the present Agreement for
that purpose, and have appointed as their plenipotentiaries :
The President of the United States of America,
Fred Kenelm Nielsen,
and
The President of the Republic of Turkey,
Dr. Tevfik Riistii Bey, Deputy of Izmir, Minister of Foreign Affairs of
the Republic of Turkey,
Who, having communicated their full powers, found to be in good and
due form, have agreed as follows:
Article I
The Government of the Republic of Turkey will pay to the Government
of the United States of America the sum of $1,300,000 (one million three
hundred thousand dollars) of the United States of America, without interest,
in full settlement of claims of American citizens which are embraced by
*EAS 113, post, p. 1131.
*EAS 115, post, p. 1134.
* Ante, p. 1105.
1 Ante, p. 1109.
1129
1130 TURKEY
the Agreement of December 24, 1923. Payment of this sum will be made in
thirteen annual installments of $100,000 (one hundred thousand dollars).
Payment of the first installment will be made on June 1, 1936, following
the ratification of the present Agreement by the Grand National Assembly
of Turkey.
Article II
The two Governments agree that, by the payment of the aforesaid sum,
the Government of the Republic of Turkey will be released from liability
with respect to all of the above-mentioned claims formulated against it and
further agree that every claim embraced by the Agreement of December 24,
1923, shall be considered and treated as finally settled.
Article III
The present Agreement shall be effective from the date of its signature,
subject to the ratification of the Agreement by the Grand National Assembly
of Turkey.
Done at Ankara in duplicate in the English and Turkish languages, which
have the same value, this twenty-fifth day of October, nineteen hundred and
thirty-four.
Fred Kenelm Nielsen [seal]
T. RusTij [seal]
CLAIMS
Exchange of notes at Ankara May 29 and June 15, 1936, supplement-
ing agreement of October 25, 1934
Entered into force June 15, 1936
Modified by agreement of October 1 and November 3, 1937 1
Terminated upon fulfillment of its terms
51 Stat. 353 ; Executive Agreement Series 113
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
No 10_A Ankara, May 29, 1936
Mr. Minister:
Referring to previous conversations regarding the liquidation of the unpaid
balance of the account between Turkey and the United States, in the amount
of $23,824.86, covering disbursements by the United States in connection
with the representation by it of the interests of Turkey in England, France
and certain other foreign countries during the period 1914 to 1917, I have
the honor to state that it is my understanding that your Excellency's Gov-
ernment desires to pay this balance in thirteen equal annual installments,
in connection with the liquidation of the lump sum of $1,300,000, to be
paid by Turkey under the Claims Agreement of October 25, 1934,2 between
the United States and Turkey. It is also my understanding that the payment
of these installments will begin on June 1, 1936; and will be effected by add-
ing the sum of $1,832.68 to each of the installments of $100,000 payable
under the Agreement of October 25, 1934, this amount of $1,832.68 thus
paid to be applied, as and when received, solely to the liquidation of this
balance of $23,824.86 due my Government.
I am authorized by my Government to consent to the liquidation of this
balance in the manner above set forth and to consummate the arrangement
by an exchange of notes with your Excellency's Government in the sense
of the foregoing, which shall be considered by the two Governments to be
'EAS l\5, post, p. 1134.
aEAS 73, ante, p. 1129.
1131
1132 TURKEY
binding upon each of them and as supplementing to that extent the Agree-
ment of October 25, 1934.
I avail myself of this occasion to present you, Mr. Minister, the assurances
of my highest consideration.
J. V. A. MagMurray
His Excellency Dr. Tevfik Rustu Aras
Minister for Foreign Affairs
of the Republic of Turkey
Ankara
The Minister of Foreign Affairs to the American Ambassador
[translation]
TURKISH REPUBLIC
MINISTRY FOR FOREIGN AFFAIRS
io96i/i5 Ankara, June 15, 1936
Excellency:
I have had the honor of receiving your note dated May 29, 1936, No.
10- A, in which it is stated that in the name of the Government of the United
States you accept in accordance with the negotiations which have previously
taken place, the form of payment of the as yet unpaid balance of $23,824.86
of the expenses incurred by the Government of the United States during
the years 1914-1917 in connection with the protection of the interests of
Turkish citizens in England, France, and in certain other countries.
In accordance with the arrangement reached between us the Turldsh
Government will pay this debt in equal instalments in thirteen years and the
first instalment will be paid on June 1, 1936. These instalments, the amount
of each being $1,832.68, will be applied to the liquidation of $23,824.86 of
the abovementioned debt. Each instalment will be paid to the Government
of the United States in connection with the liquidation of the lump sum of
$1,300,000 to be paid by Turkey under the American Claims Agreement
concluded between Turkey and the United States of America on October 25,
1934, and in addition to the $100,000 payable every year (under that
Agreement).
I confirm in the name of my Government the Agreement reached in this
form.
On this occasion, Excellency, please accept the assurance of my highest
consideration.
Dr. T. R. Aras
His Excellency
Mr. MacMurray
Ambassador of the United States of America
Ankara
CLAIMS— MAY 29 AND JUNE 15, 1936 1133
The Minister of Foreign Affairs to the American Ambassador
[translation]
TURKISH REPUBLIC
MINISTRY FOR FOREIGN AFFAIRS
10962/15 Ankara, June 15, 1936
Mr. Ambassador:
With reference to my letter No. 10961/15, dated today, I have the honor
to inform Your Excellency that the legislative formalities required for the
ratification of the Agreement relative to the amount of $23,824.86, resulting
from the disbursements made by the United States for the protection of
Turkish interests in England, France, and certain other foreign countries dur-
ing the period 1914-1918, having been completed only today, the payment
of the first annuity which should have taken place on June 1, 1936, will be
effected exceptionally this year, with a delay of a few days.
Please, accept, Mr. Ambassador, the assurances of my very high
consideration.
For the Minister
The Secretary General
N. R. Menemencioglu
His Excellency
Mr. MacMurray
Ambassador of the United States of America
Ankara
CLAIMS
Exchange of notes at Ankara October 1 and November 3, 1937,
modifying agreement of October 25, 1934, as supplemented
Entered into force November 3, 1937
Terminated upon fulfillment of its terms
51 Stat. 359; Executive Agreement Series 115
The Acting Minister of Foreign Affairs to the American Charge d' Affaires
[translation]
TURKISH REPUBLIC
MINISTRY FOR FOREIGN AFFAIRS
29 Ankara, October 1, 1937
Mr. Charge d'affaires:
After the recent exchanges of view, during the course of which the honora-
ble Embassy and my Department came to an agreement to seize the oppor-
tunity of slightly postponing the due date (the first of June of each year)
which had been fixed by the Agreements of October 25, 1934, x and June 15,
1936 2 (claims of American citizens; disbursements made by the Government
of the United States for the protection of Turkish interests abroad) but
which, because of its coincidence with the beginning of the Turkish fiscal
year, has proved to be, in practice, little suited for making payments of an
urgent character, I have the honor to submit to the consideration of your
Government the adoption of the date of June 20, which has the advantage
of being in a period of inactivity of the interested services, consequent upon
the laborious activities imposed upon them by the annual closing of the
accounts.
I should therefore be grateful to you, Mr. Charge d' Affaires, if you would
please acknowledge receipt of this communication and inform me of the
agreement of your Government with regard to the designation of the date
that I have just proposed above.
*EAS 73,ante,p. 1129.
aEAS 113, ante, p. 1131.
1134
CLAIMS— OCTOBER 1 AND NOVEMBER 3, 1937 1135
Please accept, Mr. Charge d' Affaires, the assurances of my high
consideration.
N. Menemencioglu
Mr. S. Walter Washington
Charge d' Affaires of the
United States of America
The American Charge d' Affaires to the Minister of Foreign Affairs
Embassy of the
United States of America
no. 104 Ankara, November 3, 1937
Excellency:
I have the honor to acknowledge the receipt of note No. 29 dated Octo-
ber 1, 1937, from the Acting Minister for Foreign Affairs, in which His
Excellency referred to the recent exchanges of views between the Ministry
for Foreign Affairs and the Embassy with regard to a slight postponement of
the due date (June 1st of each year) of the payments provided for in the
Agreements of October 25, 1934 and of June 15, 1936, because that date
coincided with the beginning of the Turkish fiscal year and was therefore an
inconvenient time on which to make payments of an important nature. The
Acting Minister for Foreign Affairs proposed that June 20th, a more con-
venient and suitable date, be adopted as that on which the above payments
would in future be made.
I am pleased to inform Your Excellency that in view of the foregoing con-
siderations my Government has authorized me to consent to a change of
the due date for the payment of the annual installments under the Agree-
ments of October 25, 1934 and June 15, 1936, from June 1st to June 20th.
Consequently my Government considers that the Agreements of October 25,
1934 and June 15, 1936, have been supplemented to that extent.
I avail myself of the opportunity to present to Your Excellency the
assurances of my highest consideration.
Robert F. Kelley
His Excellency
Dr. Tevfik Rustu Aras
Minister for Foreign Affairs
of the Republic of Turkey
Ankara
308-582—73 73
RECIPROCAL TRADE
Agreement and supplementary exchange of notes signed at Ankara
April 1, 1939 '
Proclaimed by the President of the United States April 5, 1939
Ratified by Turkey June 20, 1939
Entered into force provisionally May 5, 1939; definitively Novem-
ber 20, 1939
Amended by agreement of April 14 and 22, 1944 2
Terminated August 4, 1952 s
54 Stat. 1870; Executive Agreement Series 163
Trade Agreement Between the United States of America
and the Turkish Republic
The President of the United States of America and the President of the
Turkish Republic, being desirous of strengthening the traditional bonds of
friendship and of extending commercial relations between the two countries
by granting mutual and reciprocal concessions and advantages for the pro-
motion of trade, have decided to conclude a Trade Agreement and for that
purpose have appointed their Plenipotentiaries as follows :
The President of the United States of America:
Mr. John V. A. MacMurray, Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to the Turkish Republic, and
Mr. Robert F. Kelley, First Secretary of Embassy of the United States of
America; and
The President of the Turkish Republic :
Mr. Siikrii Saracoglu, Minister of Foreign Affairs of the Turkish Re-
public, and
Mr. Numan Menemencioglu, Ambassador, Secretary General of the Min-
istry of Foreign Affairs;
Who, after communicating to each other their respective full powers, found
to be in good and due form, have agreed upon the following Articles :
1 For schedules annexed to agreement, see 54 Stat. 1878 or p. 10 of EAS 163.
1 EAS 406, post, p. 1145.
'By exchange of notes at Ankara July 5, 1952 (not printed).
1136
RECIPROCAL TRADE— APRIL 1, 1939 1137
Article 1
Natural or manufactured products originating in the United States of
America, enumerated and described in Schedule 1 1 annexed to this Agree-
ment, shall, on their importation into the territory of the Turkish Republic,
be accorded the tariff reductions provided for in the said Schedule.
In the event that the Government of the Turkish Republic should increase
the duties provided for in the said Schedule, such increased duties shall not
be applied to the said products until two months after the date of their
promulgation.
If before the expiration of the aforesaid period of two months an agree-
ment between the two Governments has not been reached with respect to such
compensatory modifications of this Agreement as may be deemed appropriate,
the Government of the United States of America shall be free within fifteen
days after the date of the application of such increased duties to terminate
this Agreement in its entirety on thirty days' written notice.
Article 2
Natural or manufactured products originating in the Turkish Republic,
enumerated and described in Schedule II annexed to this Agreement, shall,
on their importation into the United States of America, be exempt from
ordinary customs duties in excess of those set forth and provided for in the
said Schedule, subject to the conditions therein set out. The said products
shall also be exempt from all other duties, taxes, fees, charges or exactions,
imposed on or in connection with importation, in excess of those imposed
on the day of the signature of this Agreement or required to be imposed
thereafter under laws of the United States of America in force on the day of
the signature of this Agreement.
Article 3
The provisions of Articles 1 and 2 of this Agreement shall not prevent the
Government of either country from imposing at any time on the importation
of any product a charge equivalent to an internal tax imposed in respect of
a like domestic product or in respect of a product from which the imported
product has been manufactured or produced in whole or in part.
Article 4
Natural or manufactured products originating in the United States of
America or the Turkish Republic shall, after importation into the other
country, be exempt from all internal taxes, fees, charges or exactions other
or higher than those payable on like products of national or foreign origin.
Article 5
Natural or manufactured products originating in the United States of
America, enumerated and described in Schedule I, and natural or manu-
1138 TURKEY
factured products originating in the Turkish Republic, enumerated and
described in Schedule II, shall be permitted to be imported into the other
country without any prohibition or restriction whatsoever.
Nevertheless, the two Governments reserve the right to impose quantita-
tive restrictions on the importation of products enumerated and described
in the said schedules in conjunction with governmental measures
(a) operating to regulate the production or market supply or to control
the prices of like domestic products or
(b) tending to increase the labor costs of production of such products;
Provided, however, that the Government proposing to impose any such
quantitative restriction is satisfied, in the case of measures described in sub-
paragraph (a) of this paragraph, that such quantitative restriction is neces-
sary to assure the effective operation of such measures, and, in the case of
measures described in subparagraph (b), that such measures are causing the
domestic production of the product concerned to be injuriously affected by
imports which constitute an abnormal proportion of the total consumption of
such product in relation to the proportion supplied in the past by foreign
countries.
If the Government of either of the two countries proposes to establish or
change such import restrictions, it shall give written notice thereof to the
other Government at least two months before they are put into force. If an
agreement between the two Governments concerning the proposed measures
is not reached before the expiration of the said period of two months, the
other Government shall be free, within fifteen days after the application of
any such restriction or change, to terminate the present Agreement in its
entirety on thirty days' written notice.
Article 6
Unconditional most-favored-nation treatment shall be accorded by the
Government of each country to the commerce of the other country with re-
spect to customs duties or charges imposed on or in connection with imports
or exports and the method of levying such duties or charges, with respect to
all regulations and formalities in connection with importation or exportation,
the sale or use of imported products within the country, transit, warehousing,
the transshipment of goods, the re-exportation of goods, and with respect to
official charges applicable to these various operations.
Unconditional most-favored-nation treatment shall likewise be accorded by
the Government of each country to the commerce of the other country with
respect to all duties, charges or exactions other than customs duties imposed
on or in connection with imports or exports.
In awarding contracts for public works and in purchasing nonmilitary
supplies, the Government of neither country shall discriminate against the
other country in favor of any third country.
RECIPROCAL TRADE— APRIL 1, 1939 1139
Article 7
No prohibition, restriction or limitation of any kind shall be imposed by the
Government of either country upon the importation of natural or manufac-
tured products originating in the other country or upon the exportation of
natural or manufactured products destined for the other country, except as
provided below.
Subject to the provisions of Article 5 of this Agreement, either of the two
Governments may impose prohibitions or quantitative restrictions upon the
importation of products originating in the other country as well as upon the
exportation of products destined for the other country, provided that importa-
tion of the like products originating in all third countries, or exportation of
the same products to all third countries, respectively, is similarly prohibited or
restricted. If the Government of either country applies quantitative restric-
tions to the importation of any products in which the other country has an
interest, and these restrictions are implemented by quantitative allocation
among the various exporting countries, there shall be allocated to the other
country a proportion of the total importations equivalent to the proportion of
the imports of such product supplied by the other country during a representa-
tive period prior to the establishment of the restrictions in question.
Article 8
In the event that the Government of either of the two countries shall
establish or maintain, either directly or indirectly, any form of control of the
means of international payment, it shall, in all aspects of the administration
of such control, accord to the other country unconditional most-favored-
nation treatment.
It is agreed that this provision does not affect the provisions of Article 9.
Article 9 4
The Government of the Turkish Republic undertakes that, so long as it
maintains, directly or indirectly, any form of control of the means of inter-
national payment, it will provide, in any calendar year, for the transfer of
payments for commercial importations of natural or manufactured products
originating in the United States of America, imported into the territory of the
Turkish Republic during the calendar year in question, an amount of free
foreign exchange which shall not be less, in proportion to the total value of
the commercial imports of the Turkish Republic during the said calendar
year, than the amount corresponding to the proportion of the total com-
mercial imports supplied by the United States of America in the period from
January 1, 1935 to December 31, 1937.
* For an understanding relating to art. 9, sec exchange of notes, p. 1 142.
1140 TURKEY
Article 10
The provisions of this Agreement relating to the treatment to be accorded
by the United States of America and the Turkish Republic, respectively, to
the commerce of the other country shall apply, on the part of the United
States of America, to the continental territory of the United States of America
and such of its territories and possessions as are included in its customs terri-
tory on the day of the signature of this Agreement. The provisions of this
Agreement relating to most-favored-nation treatment shall apply, however,
to all the territories under the sovereignty or authority of the United States of
America, other than the Panama Canal Zone.
Article 11
The provisions of this Agreement shall not apply to:
(a) advantages now accorded or which may hereafter be accorded by
either country to adjacent countries in order to facilitate frontier traffic within
a zone not exceeding fifteen kilometers on either side of the frontier;
(b) advantages resulting from a customs union to which either the
United States of America or the Turkish Republic may become a party, so
long as such advantages are not accorded to any third country;
(c) advantages which the Turkish Republic has accorded or may here-
after accord in the matter of the customs tariff affecting products originating
within the territories detached in 1923 from the Ottoman Empire;
(d) advantages now accorded or which may hereafter be accorded by
the United States of America, its territories or possessions, or the Panama
Canal Zone, to one another or to the Republic of Cuba, irrespective of any
change in the political status of any of the territories or possessions of the
United States of America.
Article 12
Nothing in the present Agreement shall be construed to prevent the adop-
tion of measures prohibiting or restricting the exportation or importation of
gold or silver, or to prevent the adoption of such measures as either Govern-
ment may see fit with respect to the control of the export or sale for export of
arms, ammunition, or implements of war, and, in exceptional circumstances,
all other military supplies. Nothing in the present Agreement shall prevent
the adoption or enforcement of measures relating to neutrality.
Subject to the requirement that, under like circumstances and conditions,
there shall be no arbitrary discrimination by either country against the other
country- in favor of any third country, the provisions of this Agreement shall
not extend to prohibitions or restrictions :
( a ) relative to public security ;
( b ) imposed on moral or humanitarian grounds ;
RECIPROCAL TRADE— APRIL 1, 1939 1141
(c) designed to protect public health or the life of animals or plants;
( d ) relative to prison-made goods ; or
(e) relative to measures taken for the enforcement of police or revenue
laws.
Article 13
In the event that either the Government of the United States of America
or the Government of the Turkish Republic adopts any measure which, even
though it does not conflict with the terms of this Agreement, is considered by
the Government of the other country to impair the effectiveness of the
Agreement, the Government which has adopted any such measure shall con-
sider such representations and proposals as the other Government may make
with a view to effecting a mutually satisfactory adjustment of the matter.
If no agreement is reached with respect to such representations or proposals
within thirty days after they are received, the Government making them shall
be free, within fifteen days after the expiration of the aforesaid period of
thirty days, to terminate this Agreement in its entirety on sixty days' written
notice.
Article 14
In the event that the rate of exchange between the currencies of the United
States of America and the Turkish Republic varies considerably from the
rate obtaining on the day of the signature of this Agreement, the Govern-
ment of either country, if it considers the change in rate so substantial as to
prejudice the industry or commerce of the country, shall be free to propose
negotiations for the modification of this Agreement. If such negotiations
have not resulted in an agreement within a period of thirty days, the Gov-
ernment which has proposed them shall be free to terminate this Agreement
in its entirety on thirty days' written notice.
Article 15
Nothing in this Agreement shall be deemed to affect the rights and obliga-
tions arising out of the Treaty of Commerce and Navigation between the
United States of America and the Turkish Repubic, signed at Ankara on
October 1, 1929."
Article 16
The present Agreement shall be proclaimed by the President of the United
States of America and shall be ratified by the Grand National Assembly of
Turkey.
The present Agreement shall come provisionally into force on May 5, 1 939.
The Agreement shall come definitively into force on the day on which the
Government of the United States of America shall have communicated of-
ficially to the Government of the Turkish Republic the proclamation of the
'TS8\3, ante, p. 1122.
1142 TURKEY
President of the United States of America and the Government of the Turkish
Republic on its part shall have informed the Government of the United
States of America of the ratification of the Agreement by the Grand National
Assembly of Turkey.
The Agreement shall remain in force, subject to the provisions of Articles
1, 5, 13 and 14, until it is terminated in accordance with the provisions set
forth below. The Government of either country may terminate this Agree-
ment on December 31, 1939, December 31, 1940 or December 31, 1941, in
each case on two months' written notice. After December 31, 1941, the
Agreement, if not previously terminated, shall continue in force subject to
the provisions of Articles 1, 5, 13 and 14 until six months from the day on
which the Government of either country shall have given notice to the other
Government of its intention to terminate the Agreement.
In witness whereof the respective Plenipotentiaries have signed this Agree-
ment and have affixed their seals hereto.
Done in duplicate, in the English and Turkish languages, both authentic,
at the City of Ankara, this 1st day of April, nineteen hundred and thirty-nine.
John V. A. MacMurray
Robert F. Kelley
[seal]
S. Saracoglu
N Menemencioglu
[seal]
[For schedules annexed to agreement, see 54 Stat. 1878 or p. 10 of EAS
163.]
Exchange of Notes
The Minister of Foreign Affairs to the American Ambassador
[translation]
Ankara, April 1, 1939
Mr. Ambassador :
I have the honor to refer to the provisions of the Trade Agreement between
our two Governments signed this day and to inform Your Excellency that
my understanding of the agreement with respect to the application of Article
9, reached during the negotiations, is as follows:
1 . The total value of the commercial imports from the United States of
America into the territory of the Turkish Republic during the period from
January 1, 1935 to December 31, 1937, mentioned in Article 9, is 10.91
percent of the total value of the commercial imports of the Turkish Republic
from all sources during the same period. It is agreed that, in determining
RECIPROCAL TRADE— APRIL 1, 1939 1143
the amount of free foreign exchange which shall be made available each
year, this percentage shall be applied to the total value of the commercial
imports into the territory of the Turkish Republic from all sources during
the year in question, after deducting from such total value the amount by
which the value of commercial imports resulting, during the same year, from
the utilization of the credits provided for in the Agreement with the United
Kingdom of Great Britain and North Ireland, signed on May 27, 1938, and
the Agreement with Germany, the principles of which were established in
October, 1938, at Ankara, exceeds the payments made during that year in
accordance with the provisions of the said credit agreements. This deduction
has been decided upon for the reason that the total value of commercial im-
ports into the Turkish Republic will be temporarily increased to an abnormal
extent by imports under the governmental credits mentioned above.
The amount of available free foreign exchange envisaged in Article 9, shall
be applied to payments for commercial imports originating in all the terri-
tories under the sovereignty or authority of the United States of America.
2. The amount of free foreign exchange mentioned above which shall
be made available each year under Article 9 shall be utilized for the transfer
of payments for the said commercial imports in the chronological order in
which requests for exchange are made.
3. In view of the fact that the Turkish Republic derives its principal sup-
ply of free foreign exchange from the export of products, the sale of which
has a seasonal character, it is understood that it may not be possible to avoid
temporary delays in making available free foreign exchange for the trans-
fer of payments for commercial imports originating in the United States
of America. It is agreed that the provisions of Article 9 do not preclude
seasonal delays in making available free foreign exchange for transfer of the
said payments within any calendar year.
4. If the Government of the Turkish Republic should not be in a position,
through lack of free foreign exchange, as a result of unforeseen developments
affecting adversely the commerce of the Turkish Republic, to make avail-
able the amount of free foreign exchange agreed upon in Article 9, the Gov-
ernment of the United States of America and the Government of the Turkish
Republic shall enter into negotiations for the purpose of reaching an arrange-
ment satisfactory to the two Governments.
5. The present note constitutes an integral part of the Trade Agreement
signed this day.
Accept, Mr. Ambassador, the assurances of my highest consideration.
S. Saracoglu
Mr. John V. A. MacMurray
Ambassador Extraordinary and
Plenipotentiary of the United States of America
to the Turkish Republic
308-582—73 74
1144 TURKEY
The American Ambassador to the Minister of Foreign Affairs
Ankara, April 1, 1939
Mr. Minister:
I have the honor to acknowledge the receipt of your note of today's date
containing a statement of your understanding of the agreement reached with
respect to the application of Article 9 of the Trade Agreement signed this
day, which is as follows :
[For text of understanding, see numbered paragraphs in Turkish note, above.]
I have the honor to confirm Your Excellency's understanding of the agree-
ment thus reached.
Accept, Mr. Minister, the assurances of my highest consideration.
John V. A. MacMurray
Mr. Sukru Saracoglu
Minister of Foreign Affairs
of the Turkish Republic
RECIPROCAL TRADE
Exchange of notes at Washington April 14 and 22, 1944, amending
agreement of April 1, 1939
Entered into force April 22, 1944
Terminated August 4, 1952 1
58 Stat. 1294; Executive Agreement Series 406
The Turkish Ambassador to the Secretary of State
TURKISH EMBASSY
WASHINGTON, D.C.
No. 799/82 April 14, 1944
Excellency:
I have the honor to refer to the trade agreement between the Republic of
Turkey and the United States of America signed as Ankara, April 1, 1939,2
Article I [1] of which reads as follows:
"Natural or manufactured products originating in the United States of
America, enumerated and described in Schedule I annexed to this Agree-
ment, shall, on their importation into the territory of the Turkish Republic,
be accorded the tariff reductions provided for in the said Schedule.
"In the event that the Government of the Turkish Republic should in-
crease the duties provided for in the said Schedule, such increased duties
shall not be applied to the said products until two months after the date of
their promulgation.
"If before the expiration of the aforesaid period of two months an agree-
ment between the two Governments has not been reached with respect to
such compensatory modifications of this Agreement as may be deemed
appropriate, the Government of the United States of America shall be free
within fifteen days after the date of the application of such increased duties
to terminate this Agreement in its entirety on thirty days' written notice."
The duty on heavy mineral oils, Turkish tariff no. 695 D, and their resi-
dues, comprising machine oil, mazout, motorine, and other such combustibles,
1 By exchange of notes at Ankara July 5, 1 952 ( not printed ) .
■EAS 163, ante, p. 1136.
1145
1146 TURKEY
as provided in Schedule I of the trade agreement, is 0.95 piastre per kilo,
while the duty on kerosene, tariff no. 695 C, is 6 piastres per kilo.
During recent years the quality of motorine has been greatly improved so
as to make it desirable to apply the same duties to motorine as to kerosene.
To raise the duty on motorine to the level existing for kerosene would neces-
sitate raising the price of motorine to such height as would cause harmful
repercussions. Therefore, in accordance with the terms of Article I of the
trade agreement, the Turkish Government contemplates reducing the duty
on tariff no. 695 C to 3.30 piastres per kilo while raising that on tariff
no. 695 D to 2.75 piastres per kilo (which with the existing excise tax on
motorine of 0.55 piastre per kilo would amount to 3.30 piastres per kilo.)
In view of these circumstances I have the honor to inquire whether the
Government of the United States would have any objection to these con-
templated changes as described above.
Accept, Excellency, the assurances of my highest consideration.
M. Munir Ertegun
The Honorable
Cordell Hull
Secretary of State of the
United States of America
The Secretary of State to the Turkish Ambassador
Department of State
Washington
April 22, 1944
Excellency:
I have the honor to acknowledge the receipt of Your Excellency's note of
April 14, 1944, referring to Article I of the trade agreement between the
United States of America and the Republic of Turkey, and explaining the
desire of the Turkish Government to increase the duty on tariff no. 695 D
from 0.95 piastres per kilo, as provided in Schedule I of the trade agreement,
to 2.75 piastres per kilo and at the same time, in accordance with the provi-
sions of Article I of the trade agreement, to reduce the duty on tariff no. 695 C
from 6.00 piastres per kilo to 3.30 piastres per kilo.
In view of the circumstances described in Your Excellency's note I have
the honor to reply that the Government of the United States does not object
to the above-mentioned duty changes.
Accept, Excellency, the assurances of my highest consideration.
Cordell Hull
His Excellency
Mehmet Munir Ertegun
Ambassador of Turkey
LEND-LEASE *
Agreement and exchanges of notes signed at Ankara February 23, 1945
Entered into force February 23, 1945
59 Stat. 1476; Executive Agreement Series 465
Agreement Between the Government of the United States of
America and the Government of the Republic of Turkey on
the Principles Applying to Aid Under the Act of March 11,
1941
Whereas the Government of the Republic of Turkey is desirous of
strengthening its national defenses in order that it may be in a position to
protect its territorial integrity and sovereign rights in a world at war;
And whereas the President of the United States of America on Novem-
ber 7, 1941 2 determined, pursuant to the Act of Congress of March 11,
1941,3 that the defense of the Republic of Turkey is vital to the defense of
the United States of America;
And whereas the United States of America has extended and is con-
tinuing to extend to the Republic of Turkey aid in the development of its
means of defense;
And whereas it is expedient that the final determination of the terms and
conditions upon which the Government of the Republic of Turkey receives
such aid and of the benefits to be received by the United States of America
in return therefor should be deferred until the extent of the aid is known
and until the progress of events makes clearer the final terms and conditions
and benefits which will be in the mutual interests of the United States of
America and the Republic of Turkey and will promote the establishment
and maintenance of world peace;
And whereas the Government of the United States of America and the
Government of the Republic of Turkey are mutually desirous of concluding
now a preliminary agreement in regard to the provision of such aid and
in regard to certain considerations which shall be taken into account in
*See also lend-lease settlement agreement of May 7, 1946 (TIAS 1541, post, p. 1158).
M941 For. Rel. (Ill) 922.
"55 Stat. 31.
1147
1148 TURKEY
determining such terms and conditions; and the making of such an agree-
ment has been in all respects duly authorized, and all acts, conditions and
formalities which it may have been necessary to perform, fulfill or execute
prior to the making of such an agreement in conformity with the laws
either of the United States of America or of the Republic of Turkey have
been performed, fulfilled or executed as required;
The undersigned, being duly authorized by their respective Governments
for that purpose, have agreed as follows:
Article I
The Government of the United States of America will continue to supply
the Government of the Republic of Turkey with such defense articles, defense
services, and defense information as the President of the United States
of America shall authorize to be transferred or provided.
Article II
The Government of the Republic of Turkey will provide to the United
States of America such articles, services, facilities or information as it may
be in a position to supply, and may authorize.
Article III
The Government of the Republic of Turkey will not without the consent
of the President of the United States of America transfer title to, or pos-
session of, any defense article or defense information transferred to it
under the Act of March 11, 1941 of the Congress of the United States of
America, or under that Act as amended, or permit the use thereof by anyone
not an officer, employee, or agent of the Government of the Republic of
Turkey.
Article IV
If, as a result of the transfer to the Government of the Republic of Turkey
of any defense article or defense information, it becomes necessary for that
Government to take any action or make any payment in order fully to pro-
tect any of the rights of a citizen of the United States of America who has
patent rights in and to any such defense article or information, the Gov-
ernment of the Republic of Turkey will take such action or make such
payment when requested to do so by the President of the United States of
America.
Article V
The Government of the Republic of Turkey will return to the United
States of America at the end of the present emergency, as determined by
the President of the United States of America, such defense articles trans-
ferred under this Agreement as shall not have been destroyed, lost or con-
LEND-LEASE— FEBRUARY 23, 1945 1149
sumed and as shall be determined by the President of the United States
of America to be useful in the defense of the United States of America or
of the Western Hemisphere or to be otherwise of use to the United States
of America.
Article VI
In the final determination of the benefits to be provided to the United
States of America by the Government of the Republic of Turkey full cog-
nizance shall be taken of all property, services, information, facilities, or
other benefits or considerations provided by the Government of the Republic
of Turkey subsequent to March 11, 1941, and accepted or acknowledged by
the President of the United States of America on behalf of the United States
of America.
Article VII
In the final determination of the benefits to be provided to the United
States of America by the Government of the Republic of Turkey in return
for aid furnished under the Act of Congress of March 11, 1941 and under that
Act as amended, the terms and conditions thereof shall be such as not to bur-
den commerce between the two countries, but to promote mutually advan-
tageous economic relations between them and the betterment of world-wide
economic relations. To that end, they shall include provision for agreed
action by the United States of America and the Republic of Turkey, open to
participation by all other countries of like mind, directed to the expansion,
by appropriate international and domestic measures, of production, employ-
ment, and the exchange and consumption of goods, which are the material
foundations of the liberty and welfare of all peoples ; to the elimination of all
forms of discriminatory treatment in international commerce; to the reduc-
tion of tariffs and other trade barriers ; and, in general, to the attainment of
all the economic objectives set forth in the Joint Declaration made on Au-
gust 14, 1941,4 by the President of the United States of America and the
Prime Minister of the United Kingdom.
At an early convenient date, conversations shall be begun between the two
Governments with a view to determining, in the light of governing economic
conditions, the best means of attaining the above-stated objectives by their
own agreed action and of seeking the agreed action of other like-minded
Governments.
Article VIII
It is understood that in the implementation of the provisions of the agree-
ment each Government will act in accordance with its own constitutional
procedures.
'EAS236, ante, ■vol 3,686.
1150 TURKEY
Article IX
This Agreement shall take effect as from this day's date. It shall continue
in force until a date to be agreed upon by the two Governments.
Done in duplicate in the English and Turkish languages, both authentic,
at Ankara, this 23 day of February, 1945.
For the Government of the United States of America :
Laurence A. Steinhardt [seal]
Ambassador Extraordinary and Plenipotentiary
of the United States of America at Ankara
For the Government of the Republic of Turkey:
Hasan Saka [seal]
Minister of Foreign Affairs
Exchanges of Notes
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
Ankara, February 23, 1945
Excellency :
Confirming the Aide Memoire which I handed to Your Excellency on
October 21,1 944, 1 have the honor to inform Your Excellency as follows :
"1. Since the Government of the United States cannot foresee its own
future needs for material which it has transferred to other Governments under
the provisions of the Lend-Lease Act, it would not want to bind itself at this
time to relinquishing the right to request the return of such materials as it
might find desirable to have returned to the United States for the reasons set
forth in Article V. However, the Government of the United States would, at
a mutually convenient time after the signing of the agreement, provide the
Turkish Government every opportunity to discuss with the Government of
the United States the retention of such materials as the Turkish Government
might desire to purchase.
"2. In Article VII, the signatories agree to collaborate with all other
countries of like mind for the economic objectives described in that article.
Since it is recognized, for example, that the reduction of trade barriers is a
matter for action by each country in accordance with its own constitutional
procedures, provision is made for conversations to determine the best means
of attaining the stated objectives of each Government by their own 'agreed'
action.
"3. With respect to the inquiry of the Turkish Government as to whether
the signature of the agreement would be availed of by Washington to termi-
nate Lend-Lease aid to Turkey, the response is made that it is not the intention
LEND-LEASE— FEBRUARY 23, 1945 1151
of the Government of the United States to use the signing of the agreement as
a basis for terminating Lend-Lease aid to Turkey. The amount of aid in the
future will naturally depend on the material available and upon the course of
the war."
Accept, Excellency, the renewed assurances of my highest consideration.
Laurence A. Steinhardt
His Excellency
Hasan Saka
Minister for Foreign Affairs
Ankara
The Minister of Foreign Affairs to the American Ambassador
[translation]
REPUBLIC OF TURKEY
MINISTRY OF FOREIGN AFFAIRS
Ankara, February 23, 1945
Mr. Ambassador :
I have the honor to acknowledge receipt from Your Excellency of the
note which you have had the kindness to deliver to me on February 23, 1945
and reading as follows :
[For text of U.S. note, see above.]
I have the honor to inform Your Excellency that the Government of the
Republic having found in the contents of the said Aide-Memoire the meaning
which it intends to give to the agreement concerning aid furnished under the
act of March 11, 1941, declares itself ready to proceed to the signature of
the said agreement.
Accept, Mr. Ambassador, the assurances of my very high consideration.
Hasan Saka
His Excellency
Mr. Laurence Steinhardt
Embassy of the United States of America
Ankara
The Turkish Minister of Foreign Affairs to the American Ambassador
[translation]
republic of turkey
ministry of foreign affairs
Ankara, February 23, 1945
Mr. Ambassador:
In connection with the signature today of the agreement between the
Government of the Republic of Turkey and the Government of the United
1152 TURKEY
States of America on the principles applying to aid under the Act of
March 11, 1941, I consider it helpful to point out to Your Excellency that
the extent of the deliveries made by virtue of the Lend-Lease Law of
March 11, 1941, before the date of the signature of the said agreement is to
be the subject of consideration at the time of the final determination of the
aid furnished by virtue of the said Lend-Lease Law.
Accept, Mr. Ambassador, the assurances of my very high consideration.
Hasan Saka
His Excellency
Mr. A. Laurence Steinhardt
Ambassador of the United States of America
Ankara
The American Ambassador to the Turkish Minister of Foreign Affairs
Embassy of the
United States of America
Ankara, February 23, 1945
Excellency,
I have the honor to acknowledge receipt of Your Excellency's letter of
February 23, 1945, reading as follows :
[For text of Turkish note, see above.]
Please accept, Excellency, the renewed assurances of my highest
consideration.
Laurence A. Steinhardt
His Excellency
Hasan Saka
Minister for Foreign Affairs
Ankara
AIR TRANSPORT SERVICES
Agreement signed at Ankara February 12, 1946, with annex; exchange
of notes at Ankara May 25, 1946
Entered into force May 25, 1946
61 Stat. 2285; Treaties and Other
International Acts Series 1538
Am Transport Agreement
between
the United States of America and Turkey
Having in mind the resolution signed under date of December 7, 1944, at
the International Civil Aviation Conference in Chicago, Illinois, for the
adoption of a standard form of agreement for provisional air routes and
sen-ices, and the desirability of mutually stimulating and promoting the
sound economic development of air transportation between the United States
of America and Turkey, the two Governments parties to this arrangement
agree that the establishment and development of air transport services between
their respective territories shall be governed by the following provisions :
Article 1
Each contracting party grants to the other contracting party the rights as
specified in the Annex hereto necessary for establishing the international civil
air routes and services therein described, whether such services be inaugurated
immediately or at a later date at the option of the contracting party to
whom the rights are granted.
Article 2
(a) Each of the air services so described shall be placed in operation
as soon as the contracting party to whom the rights have been granted by
Article 1 to designate an airline or airlines for the route concerned has au-
thorized an airline for such route, and the contracting party granting the
rights shall, subject to Article 6 hereof, be bound to give the appropriate
operating permission to the airline or airlines concerned ; provided that the
airlines so designated may be required to qualify before the competent
aeronautical authorities of the contracting party granting the rights under
1153
1154 TURKEY
the laws and regulations normally applied by these authorities before being
permitted to engage in the operations contemplated by this agreement; and
provided that in areas of hostilities or of military occupation, or in areas
affected thereby, such inauguration shall be subject to the approval of the
competent military authorities.
(b) It is understood that either contracting party granted commercial
rights under this agreement should exercise them at the earliest practicable
date except in the case of temporary inability to do so.
Article 3
In order to prevent discriminatory practices and to assure equality of
treatment, both contracting parties agree that:
(a) Each of the contracting parties may impose or permit to be imposed
just and reasonable charges for the use of public airports and other facilities
under its control. Each of the contracting parties agrees, however, that these
charges shall not be higher than would be paid for the use of such airports
and facilities by its national aircraft engaged in similar international services.
(b) Fuel, lubricating oils and spare parts introduced into the territory of
one contracting party by the other contracting party or its nationals, and
intended solely for use by aircraft of such other contracting party shall, with
respect to the imposition of customs duties, inspection fees or other national
duties or charges by the contracting party whose territory is entered, be
accorded the same treatment as that applying to national airlines and to air-
lines of the most favored nation.
(c) The fuel, lubricating oils, spare parts, regular equipment and air-
craft stores retained on board civil aircraft of the airlines of one contracting
party authorized to operate the routes and services described in the Annex
shall, upon arriving in or leaving the territory of the other contracting party,
be exempt from customs, inspection fees or similar duties or charges, even
though such supplies be used or consumed by such aircraft on flights in
that territory.
Article 4
Certificates of airworthiness, certificates of competency and licenses issued
or rendered valid by one contracting party shall be recognized as valid by
the other contracting party for the purpose of operating the routes and services
described in the Annex. Each contracting party reserves the right, however,
to refuse to recognize, for the purpose of flight above its own territory, cer-
tificates of competency and licenses granted to its own nationals by another
State.
Article 5
(a) The laws and regulations of one contracting party relating to the
admission to or departure from its territory of aircraft engaged in interna-
AIR TRANSPORT SERVICES— FEBRUARY 12, 1946 1155
tional air navigation, or to the operation and navigation of such aircraft while
within its territory, shall be applied to the aircraft of the other contracting
party, and shall be complied with by such aircraft upon entering or depart-
ing from or while within the territory of the first party.
(b) The laws and regulations of one contracting party as to the admis-
sion to or departure from its territory of passengers, crew, or cargo of aircraft,
such as regulations relating to entry, clearance, immigration, passports, cus-
toms, and quarantine shall be complied with by or on behalf of such pas-
sengers, crew or cargo of the other contracting party upon entrance into or
departure from, or while within the territory of the first party.
Article 6
Each contracting party reserves the right to withhold or revoke a certificate
or permit to an airline of the other party in any case where it is not satisfied
that substantial ownership and effective control are vested in nationals of
either party to this agreement, or in case of failure of an airline to comply
with the laws of the State over which it operates as described in Article 5
hereof, or to perform its obligations under this agreement.
Article 7
This agreement and all contracts connected therewith shall be registered
with the Provisional International Civil Aviation Organization.
Article 8
Either contracting party may terminate the rights for services granted by
it under this agreement and its Annex by giving one year's notice to the other
contracting party.
Article 9
In the event either of the contracting parties considers it desirable to
modify the routes or conditions set forth in the attached Annex, it may request
consultation between the competent authorities of both contracting parties,
such consultation to begin within a period of sixty days from the date of the
request. When these authorities mutually agree on new or revised conditions
affecting the Annex, their recommendations on the matter will come into
effect after they have been confirmed by an exchange of diplomatic notes.
Article 10
The effective date of this agreement shall be established through an ex-
change of notes, which shall take place at Ankara as soon as possible.1
1 For text of notes, see p. 1 156.
1156 TURKEY
In witness whereof the undersigned representatives, duly authorized by
their respective Governments, have signed the present agreement and have
affixed thereto their seals.
Done at Ankara in duplicate, in the English and Turkish languages, each
of which shall be of equal authenticity, this 12th day of February, 1946.
For the Government of the United States of America:
Edwin C. Wilson [seal]
For the Turkish Government :
Feridtjn Cemal Erkin [seal]
annex to the
air transport agreement
BETWEEN
THE UNITED STATES OF AMERICA AND TURKEY
A. Airlines of the United States of America authorized under the pres-
ent agreement are accorded the rights of transit and non-traffic stop in
Turkish territory, as well as the right to pick up and discharge international
traffic in passengers, cargo and mail at Istanbul and Ankara on the route
or routes indicated below :
"From the United States, via intermediate points to the continent of
Europe and to Istanbul and Ankara, and thence to points beyond ; in both
directions".
B. Airlines of Turkey authorized under the present agreement are ac-
corded in the territory of the United States of America corresponding rights
of transit and non-traffic stop as well as corresponding rights of international
commercial traffic on a specific route or routes to be determined at a later
date.
C. It is agreed that either contracting party, before placing an airline
in operation, will notify to the other party the proposed directions of entry
into and exit from its territory, whereupon the other party will indicate the
points of entry and exit and the route to be followed within its territory.
Exchange of Notes
The Minister of Foreign Affairs to the American Ambassador
[translation]
45610-110 Ankara, le 25 Mai 1946
Mr. Ambassador:
With reference to Article 10 of the Air Transport Agreement between the
Government of the Turkish Republic and the Government of the United
AIR TRANSPORT SERVICES— FEBRUARY 12, 1946 1157
States of America, signed at Ankara on February 12, 1946, 1 have the honor
to propose to your Excellency on behalf of my Government that the date
of entry into effect of the above mentioned agreement be May 25, 1946.
I request, Mr. Ambassador, that you be good enough to give me confir-
mation of the agreement of the Government of the United States of America
with the foregoing.
Please accept, Mr. Ambassador, the assurances of my highest consideration.
Hasan Saka
His Excellency
Mr. Edwin C. Wilson
Ambassador of the United States of America
Ankara
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
No. 757 Ankara, May 25, 1946
Excellency:
I have the honor to acknowledge the receipt of your Excellency's note
No. 45610-1 10 dated May 25, 1946 reading as follows:
[For text of Turkish note, see above.]
I take pleasure in informing your Excellency that my Government is in
agreement with the foregoing.
Please accept, Excellency, the assurances of my highest consideration.
Edwin C. Wilson
His Excellency
M. Hasan Saka
Minister of Foreign Affairs
Ankara
LEND-LEASE SETTLEMENT
Agreement signed at Ankara May 7, 1946; exchange of notes at Ankara
May 25, 1946
Entered into force May 25, 1946
60 Stat. 1809; Treaties and Other
International Acts Series 1541
Agreement
on Lend-Lease and Claims Between the Governments of the
United States of America and of the Republic of Turkey
The Government of the United States of America and the Government
of the Republic of Turkey,
Animated by the desire to arrive at a final settlement of lend-lease and
of financial claims of each government against the other arising out of World
War II,
Considering the benefits which they have already received by the defeat
of the common enemy, and affirming their intention to seek no further bene-
fits as consideration for lend-lease or for the settlement of claims or other
obligations arising out of the war, except as specifically provided in the
present Agreement,
Declaring that this settlement is complete and final,
Reaffirming, pursuant to the general obligations assumed by them in
Article VII of the Agreement of February 23, 1945 1 on the "Principles
applying to Aid under the Act of March 11, 1941 2", their agreement to
confer together and with other governments in the near future in the interest
of
(a) the expansion, by appropriate international and domestic measures,
of production, employment and the exchange and consumption of goods,
which are the material foundations of the liberty and welfare of all peoples,
(b) the elimination of all forms of discriminatory treatment in interna-
tional commerce, and
( c ) the reduction of tariffs and other trade barriers,
Declaring it to be their policy
1 EAS 465, ante, p. 1147.
•55 Stat. 31.
1158
LEND-LEASE SETTLEMENT— MAY 7, 1946 1159
(a) to avoid the adoption of new measures affecting international trade,
payments or investments which would prejudice the objectives of such a
conference and,
(b) to afford to each other adequate opportunity for mutual consultation
regarding the aforementioned measures,
Declaring that the recent Agreement between the two governments cover-
ing civil aviation 3 and the application of the Government of the Republic
of Turkey for membership in the International Bank for Reconstruction
and Development and the International Monetary Fund are consonant with
the spirit of the principles mentioned above,
Are agreed as follows:
Article I
The term "lend-lease article" as used in this Agreement means any article
transferred by the Government of the United States under the Act of
March 11, 1941:
(a) to the Government of the Republic of Turkey, or
(b) to any other government and retransf erred to the Government of
the Republic of Turkey.
Article II
The Government of the Republic of Turkey will pay to the Government
of the United States a net sum of 4,500,000 United States dollars within
thirty (30) days after this Agreement has been executed. This amount is in
payment for
(a) all lend-lease articles in the categories of machine tools and other
productive machinery, locomotives and other railroad rolling stock, and load-
carrying trucks of 1 l/z ton and greater capacity.
(i) for which the Government of the United States has not received
any payment; and
(ii) which were in the possession or control of the Government of the
Republic of Turkey, its agents or distributees at midnight on September 1,
1945, or thereafter passed into the possession or control of the Government
of the Republic of Turkey, its agents or distributees.
(b) All lend-lease articles (other than those covered by requisitions call-
ing for cash payment) transferred to the Government of the Republic of
Turkey after March 11, 1941, for which the Government of the United
States has not been reimbursed but for which it has been the policy of the
Government of the United States to seek cash reimbursement from the
Government of the Republic of Turkey.
(c) The net amount of claims due from one Government to the other
• Agreement of Feb. 12, 1946 (TIAS 1538, ante, p. 1153).
1160 TURKEY
arising out of World War II, excluding amounts still payable for lend-lease
articles covered by cash reimbursement lend-lease requisitions heretofore filed
by the Government of the Republic of Turkey.
Article III
The Government of the Republic of Turkey hereby acquires, without quali-
fication as to disposition or use, full tide to all articles described in paragraphs
(a) and (b) of Article II hereof, and to all lend-lease articles now in the
possession or control of the Government of the Republic of Turkey, its agents
or distributees, for which the Government of the United States has been fully
reimbursed.
Article IV
(a) Under Article V of the Agreement dated February 23, 1945, on the
Principles applying to Mutual Aid Between the Governments of the United
States and of the Republic of Turkey, the Government of the United States
has the right to recover at the end of the present emergency, as determined
by the President of the United States, such defense articles transferred under
that Agreement as have not been destroyed, lost or consumed, and as shall be
determined by the President to be useful in the defense of the United States
or of the Western Hemisphere, or to be otherwise of use to the United States.
Although the Government of the United States does not intend to exercise
generally this right of recapture, the Government of the United States may
exercise this right, under procedures to be mutually agreed, at any time after
September 1, 1945, with respect to lend-lease articles, other than those de-
scribed in paragraphs (a) and (b) of Article II hereof, which, as of the date
upon which notice requesting return is communicated to the Government of
the Republic of Turkey, are not destroyed, lost or consumed.
(b) The Government of the Republic of Turkey will not transfer or
dispose of lend-lease articles, other than those described in paragraphs (a)
and (b) of Article II hereof, to any third country.
Article V
Financial claims between the two governments arising out of existing ar-
rangements (such as the agreements on the disposal of chrome stocks re-
cently concluded and the sale of United States surplus property located both
inside and outside of Turkey) where the liability for payment has heretofore
been acknowledged and the method of computation mutually agreed are not
covered by this settlement as they will be settled in accordance with such
arrangements. In consideration of the undertakings in this Agreement, and
with the objective of arriving at as comprehensive a settelment as possible and
of obviating protracted negotiations between the two governments, all other
financial claims whatsoever of one government, its agencies and instrumental-
LEND-LEASE SETTLEMENT— MAY 7, 1946 1161
ities, against the other government, its agencies and instrumentalities, which
(a) arose out of lend-lease, or (b) otherwise arose on or after March 11,
1941 and prior to September 2, 1945 out of or incidental to the conduct of
World War II, and which are not otherwise dealt with in this Agreement,
are hereby waived, and neither government will hereafter raise or pursue any
such claims against the other.
Article VI
The effective date of this Agreement shall be established through an ex-
change of notes which shall take place at Ankara as soon as possible.
Done at Ankara, in duplicate, in the English and Turkish languages each
of which shall be of equal authenticity, this 7th day of May, 1946.
For the Government of the United States of America :
Edwin C. Wilson [seal]
For the Government of the Republic of Turkey
Hasan Saka [seal]
Exchange of Notes
The Minister of Foreign Affairs to the American Ambassador
[translation]
no. 45554/109 Ankara, May 25, 1946
Mr. Ambassador:
With reference to Article VI of the Agreement relating to Lend-Lease and
claims between the Government of the Turkish Republic and the Govern-
ment of the United States of America signed at Ankara on May 7, 1946,
I have the honor to propose to Your Excellency on behalf of my Government
that the date of entry into effect of the above-mentioned Agreement be
May 25, 1946.
I request, Mr. Ambassador, that you give me confirmation of your Gov-
ernment's agreement with the foregoing.
Please accept, Mr. Ambassador, the assurances of my highest consideration.
Hasan Saka
His Excellency
Mr. Edwin G. Wilson
Ambassador of the United States of America
Ankara
1162 TURKEY
The American Ambassador to the Minister of Foreign Affairs
Embassy of the
United States of America
No 751 Ankara, May 25, 1946
Excellency:
I have the honor to acknowledge the receipt of Your Excellency's note
No. 45554/109 dated May 25, 1946, reading as follows:
[For text of Turkish note, see p. 1161.]
I take pleasure in informing your Excellency that my Government is in
agreement with the foregoing.
Please accept, Excellency, the assurances of my highest consideration.
Edwin C. Wilson
His Excellency
M. Hasan Saka
Minister of Foreign Affairs
Ankara
AID TO TURKEY
Agreement signed at Ankara July 12, 1947
Entered into force July 12, 1947
61 Stat. 2953; Treaties and Other
International Acts Series 1629
Agreement on Aid to Turkey
The Government of Turkey having requested the Government of the
United States for assistance which will enable Turkey to strengthen the secu-
rity forces which Turkey requires for the protection of her freedom and
independence and at the same time to continue to maintain the stability of
her economy; and
The Congress of the United States, in the Act approved May 22, 1947,1
having authorized the President of the United States to furnish such assistance
to Turkey, on terms consonant with the sovereign independence and security
of the two countries; and
The Government of the United States and the Government of Turkey
believing that the furnishing of such assistance will help to achieve the basic
objectives of the Charter of the United Nations and by inaugurating an
auspicious chapter in their relations will further strengthen the ties of friend-
ship between the American and Turkish peoples;
The undersigned, being duly authorized by their respective governments
for that purpose, have agreed as follows:
Article I
The Government of the United States will furnish the Government of
Turkey such assistance as the President of the United States may authorize
to be provided in accordance with the Act of Congress approved May 22,
1947, and any acts amendatory or supplementary thereto. The Government
of Turkey will make effective use of any such assistance in accordance with
the provisions of this agreement.
Article II
The Chief of Mission to Turkey designated by the President of the United
States for the purpose will represent the Government of the United States
'61 Stat. 103.
1163
1164 TURKEY
on matters relating to the assistance furnished under this agreement. The
Chief of Mission will determine, in consultation with representatives of the
Government of Turkey, the terms and conditions upon which specified assist-
ance shall from time to time be furnished under this agreement, except that
the financial terms upon which specified assistance shall be furnished shall be
determined from time to time in advance by agreement of the two govern-
ments. The Chief of Mission will furnish the Government of Turkey such
information and technical assistance as may be appropriate to help in achiev-
ing the objectives of the assistance furnished under this agreement.
The Government of Turkey will make use of the assistance furnished for
the purposes for which it has been accorded. In order to permit the Chief of
Mission to fulfill freely his functions in the exercise of his responsibilities, it
will furnish him as well as his representatives every facility and every assist-
ance which he may request in the way of reports, information and observation
concerning the utilization and progress of assistance furnished.
Article III
The Government of Turkey and the Government of the United States will
cooperate in assuring the peoples of the United States and Turkey full infor-
mation concerning the assistance furnished pursuant to this agreement. To
this end, in so far as may be consistent with the security of the two countries:
( 1 ) Representatives of the Press and Radio of the United States will be
permitted to observe freely and to report fully regarding the utilization of such
assistance; and
( 2 ) The Government of Turkey will give full and continuous publicity
within Turkey as to the purpose, source, character, scope, amounts, and
progress of such assistance.
Article IV
Determined and equally interested to assure the security of any article, serv-
ice, or information received by the Government of Turkey pursuant to this
agreement, the Governments of the United States and Turkey will respec-
tively take after consultation, such measures as the other government may
judge necessary for this purpose. The Government of Turkey will not transfer,
without the consent of the Government of the United States, title to or posses-
sion of any such article or information nor permit, without such consent, the
use of any such article or the use or disclosure of any such information by or
to anyone not an officer, employee, or agent of the Government of Turkey or
for any purpose other than that for which the article or information is
furnished.
Article V
The Government of Turkey will not use any part of the proceeds of any
loan, credit, grant, or other form of aid rendered pursuant to this agreement
AID TO TURKEY— JULY 12, 1947 1165
for the making of any payment on account of the principal or interest on any
loan made to it by any other foreign government.
Article VI
Any or all assistance authorized to be provided pursuant to this agreement
will be withdrawn:
( 1 ) If requested by the Government of Turkey;
(2) If the Security Council of the United Nations finds (with respect to
which finding the United States waives the exercise of any veto) or the
General Assembly of the United Nations finds that action taken or assistance
furnished by the United Nations makes the continuance of assistance by the
Government of the United States pursuant to this agreement unnecessary
or undesirable; and
(3) Under any of the other circumstances specified in section 5 of the
aforesaid Act of Congress or if the President of the United States determines
that such withdrawal is in the interest of the United States.
Article VII
This agreement shall take effect as from this day's date. It shall continue
in force until a date to be agreed upon by the two governments.
Article VIII
This agreement shall be registered with the United Nations.
Done in duplicate, in the English and Turkish languages, at Ankara, this
12th day of July, 1947.
For the Government of the United States
Edwin C. Wilson [seal]
For the Government of the Republic of Turkey
Hasan Saka [seal]
ECONOMIC COOPERATION
Agreement signed at Ankara July 4, 1948, with annex
Notice of Turkish ratification given July 13, 1948
Entered into force July 13, 1948
Amended by agreements of January 31, 1950; l August 16, 1951; 2
and December 30, 1952 3
62 Stat. 2566; Treaties and Other
International Acts Series 1794
Economic Cooperation Agreement Between the United States
of America and the Republic of Turkey
The Government of the United States of America and the Government
of the Republic of Turkey :
Recognizing that the restoration or maintenance in European countries
of principles of individual liberty, free institutions, and genuine independence
rests largely upon the establishment of sound economic conditions, stable
international economic relationships, and the achievement by the countries
of Europe of a healthy economy independent of extraordinary outside
assistance ;
Recognizing that a strong and prosperous European economy is essential
for the attainment of the purposes of the United Nations;
Considering that the achievement of such conditions calls for a European
recovery plan of self-help and mutual cooperation, open to all nations which
cooperate in such a plan, based upon a strong production effort, the expan-
sion of foreign trade, the creation or maintenance of internal financial stability
and the development of economic cooperation, including all possible steps to
establish and maintain valid rates of exchange and to reduce trade barriers;
Considering that in furtherance of these principles the Government of the
Republic of Turkey has joined with other like-minded nations in a Conven-
tion for European Economic Cooperation signed at Paris on April 16,
1948 under which the signatories of that Convention agreed to undertake as
their immediate task the elaboration and execution of a joint recovery pro-
MUST188;TIAS2037.
23UST54;TIAS2392.
33UST5348;TIAS2742.
1166
ECONOMIC COOPERATION— JULY 4, 1948 1167
gram, and that the Government of the Republic of Turkey is a member of
the Organization for European Economic Cooperation created pursuant to
the provisions of that Convention;
Considering also that, in furtherance of these principles, the Government
of the United States of America has enacted the Economic Cooperation Act
of 1948,4 providing for the furnishing of assistance by the United States of
America to nations participating in a joint program for European recovery,
in order to enable such nations through their own individual and concerted
efforts to become independent of extraordinary outside economic assistance;
Taking note that the Government of the Republic of Turkey has already
expressed its adherence to the purposes and policies of the Economic Coopera-
tion Act of 1948;
Desiring to set forth the understandings which govern the furnishing of
assistance by the Government of the United States of America under the
Economic Cooperation Act of 1948, the receipt of such assistance by the
Republic of Turkey, and the measures which the two Governments will take
individually and together in furthering the recovery of the Republic of
Turkey as an integral part of the joint program for European recovery;
Have agreed as follows:
Article I
1 . The Government of the United States of America undertakes to assist
the Republic of Turkey, by making available to the Government of the Repub-
lic of Turkey or to any person, agency or organization designated by the latter
Government such assistance as may be requested by it and approved by the
Government of the United States of America. The Government of the United
States of America will furnish this assistance under the provisions, and sub-
ject to all the terms, conditions and termination provisions, of the Economic
Cooperation Act of 1948, acts amendatory and supplementary thereto
and appropriation acts thereunder, and will make available to the Govern-
ment of the Republic of Turkey only such commodities, services and other
assistance as are authorized to be made available by such acts.
2. The Government of the Republic of Turkey, acting individually and
through the Organization for European Economic Cooperation, consistently
with the Convention for European Economic Cooperation signed at Paris on
April 16, 1948 will exert sustained efforts in common with other participating
countries speedily to achieve through a joint recovery program economic con-
ditions in Europe essential to lasting peace and prosperity and to enable the
countries of Europe participating in such a joint recovery program to become
independent of extraordinary outside economic assistance within the period of
this Agreement. The Government of the Republic of Turkey reaffirms its in-
tention to take action to carry out the provisions of the General Obligations
* 62 Stat. 137.
308-582—73 75
1168 TURKEY
of the Convention for European Economic Cooperation, to continue to par-
ticipate actively in the work of the Organization for European Economic
Cooperation, and to continue to adhere to the purposes and policies of the
Economic Cooperation Act of 1948.
3. With respect to assistance furnished by the Government of the United
States of America to the Republic of Turkey and procured from areas outside
the United States of America, its territories and possessions, the Government
of the Republic of Turkey will cooperate with the Government of the United
States of America in ensuring that procurement will be effected at reasonable
prices and on reasonable terms and so as to arrange that the dollars thereby
made available to the country from which the assistance is procured are used
in a manner consistent with any arrangements made by the Government of
the United States of America with such country.
Article II
1 . In order to achieve the maximum recovery through the employment of
assistance received from the Government of the United States of America, the
Government of the Republic of Turkey will use its best endeavors:
a) to adopt or maintain the measures necessary to ensure efficient and
practical use of all the resources available to it, including
(i) such measures as may be necessary to ensure that the commodities
and services obtained with assistance furnished under this Agreement are
used for purposes consistent with this Agreement and, as far as practicable,
with the general purposes outlined in the schedules furnished by the Gov-
ernment of the Republic of Turkey in support of the requirements of assist-
ance to be furnished by the Government of the United States of America;
(ii) the observation and review of the use of such resources through an
effective follow-up system approved by the Organization for European
Economic Cooperation; and
(iii) to the extent practicable, measures to locate, identify and put into
appropriate use in furtherance of the joint program for European recovery,
assets, and earnings therefrom, which belong to nationals of the Republic of
Turkey and which are situated within the United States of America, its
territories or possessions. Nothing in this clause imposes any obligation on
the Government of the United States of America to assist in carrying out
such measures or on the Government of the Republic of Turkey to dispose
of such assets;
b) to promote the development of industrial and agricultural production
on a sound economic basis; to achieve such production targets as may be
established through the Organization for European Economic Cooperation ;
and when desired by the Government of the United States of America, to
ECONOMIC COOPERATION— JULY 4, 1948 1169
communicate to that Government detailed proposals for specific projects con-
templated by the Government of the Republic of Turkey to be undertaken in
substantial part with assistance made available pursuant to this Agreement,
including whenever practicable projects for increased production of coal and
food;
c ) to stabilize its currency, establish or maintain a valid rate of exchange,
balance its governmental budget, create or maintain internal financial
stability, and generally restore or maintain confidence in its monetary system ;
and
d) to cooperate with other participating countries in facilitating and
stimulating an increasing interchange of goods and services among the par-
ticipating countries and with other countries and in reducing public and
private barriers to trade among themselves and with other countries.
2. Taking into account Article 8 of the Convention for European Eco-
nomic Cooperation looking toward the full and effective use of manpower
available in the participating countries, the Government of the Republic of
Turkey will accord sympathetic consideration to proposals made in conjunc-
tion with the International Refugee Organization directed to the largest prac-
ticable utilization of manpower available in any of the participating countries
in furtherance of the accomplishment of the purposes of this Agreement.
3. The Government of the Republic of Turkey will take the measures
which it deems appropriate, and will cooperate with other participating
countries, to prevent, on the part of private or public commercial enterprises,
business practices or business arrangements affecting international trade
which restrain competition, limit access to markets or foster monopolistic con-
trol whenever such practices or arrangements have the effect of interfering
with the achievement of the joint program of European recovery.
Article III
1 . The Governments of the United States of America and of the Republic
of Turkey will, upon the request of either Government, consult respecting
projects in the Republic of Turkey proposed by nationals of the United
States of America and with regard to which the Government of the United
States of America may appropriately make guaranties of currency transfer
under section 111 (b) (3) of the Economic Cooperation Act of 1948.
2. The Government of the Republic of Turkey agrees that if the Govern-
ment of the United States of America makes payment in United States
dollars to any person under such a guaranty, any liras, or credits in liras,
assigned or transferred to the Government of the United States of America
pursuant to that section shall be recognized as property of the Government of
the United States of America.
1170 TURKEY
Article IV
1 . The Government of the Republic of Turkey will facilitate the transfer
to the United States of America, for stock piling or other purposes, of materials
originating in the Republic of Turkey which are required by the United States
of America as a result of deficiencies or potential deficiencies in its own
resources, upon such reasonable terms of sale, exchange, barter or otherwise,
and in such quantities, and for such period of time, as may be agreed to
between the Governments of the United States of America and the Republic
of Turkey, after due regard for the reasonable requirements of the Republic
of Turkey for domestic use and commercial export of such materials. The
Government of the Republic of Turkey will take such specific measures as
may be necessary to carry out the provisions of this paragraph, including the
promotion of the increased production of such materials within the Republic
of Turkey, and the removal of any hindrances to the transfer of such materials
to the United States of America. The Government of the Republic of Turkey
will, when so requested by the Government of the United States of America,
enter into negotiations for detailed arrangements necessary to carry out the
provisions of this paragraph.
2. The Government of the Republic of Turkey will, when so requested
by the Government of the United States of America, negotiate such
arrangements as are appropriate to carry out the provisions of paragraph (9)
of sub-Section 115 (b) of the Economic Cooperation Act of 1948, which
relates to the development and transfer of materials required by the United
States of America.
3. The Government of the Republic of Turkey, when so requested by
the Government of the United States of America, will cooperate, wherever
appropriate, to further the objectives of paragraphs 1 and 2 of this Article in
respect of materials originating outside of the Republic of Turkey.
Article V
1 . The Government of the Republic of Turkey will cooperate with the
Government of the United States of America in facilitating and encouraging
the promotion and development of travel by citizens of the United States of
America to and within participating countries.
Article VI
1 . The two Governments will, upon the request of either of them, consult
regarding any matter relating to the application of this Agreement or to
operations or arrangements carried out pursuant to this Agreement.
2. The Government of the Republic of Turkey will communicate to the
Government of the United States of America in a form and at intervals to be
indicated by the latter after consultation with the Government of the Republic
of Turkey:
ECONOMIC COOPERATION— JULY 4, 1948 1171
(a) detailed information of projects, programs and measures proposed
or adopted by the Government of the Republic of Turkey to carry out the
provisions of this Agreement and the General Obligations of the Convention
for European Economic Cooperation;
(b) full statements of operations under this Agreement, including a
statement on the use of funds, commodities and services received thereunder,
such statements to be made in each calendar quarter;
(c) information regarding its economy and any other relevant
information, necessary to supplement that obtained by the Government of
the United States of America from the Organization for European Economic
Cooperation, which the Government of the United States of America may
need to determine the nature and scope of operations under the Economic
Cooperation Act of 1948, and to evaluate the effectiveness of assistance
furnished or contemplated under this Agreement and generally the progress
of the joint recovery program.
3. The Government of the Republic of Turkey will assist the Government
of the United States of America to obtain information relating to the materials
originating in Turkey referred to in Article IV which is necessary to the
formulation and execution of the arrangements provided for in that Article.
Article VII
1 . The Governments of the United States of America and the Republic
of Turkey recognize that it is in their mutual interest that full publicity be
given to the objectives and progress of the joint program for European
recovery and of the actions taken in furtherance of that program. It is
recognized that wide dissemination of information on the progress of the
program is desirable in order to develop the sense of common effort and
mutual aid which are essential to the accomplishment of the objectives of
the program.
2. The Government of the United States of America will encourage
the dissemination of such information and will make it available to the media
of public information.
3. The Government of the Republic of Turkey will encourage the dis-
semination of such information both directly and in cooperation with the
Organization for European Economic Cooperation. It will make such infor-
mation available to the media of public information and take all practicable
steps to ensure that appropriate facilities are provided for such dissemination.
It will further provide other participating countries and the Organization for
European Economic Cooperation with full information on the progress of
the program for economic recovery.
4. The Government of the Republic of Turkey will make public in
Turkey in each calendar quarter, full statements of operations under this
1172 TURKEY
Agreement, including information as to the use of funds, commodities and
services received.
Article VIII
1 . The Government of the Republic of Turkey agrees to receive a Special
Mission for Economic Cooperation which will discharge the responsibilities
of the Government of the United States of America in the Republic of
Turkey under this Agreement.
2. The Government of the Republic of Turkey will, upon appropriate
notification from the Ambassador of the United States of America in the
Republic of Turkey, consider the Special Mission and its personnel, and the
United States Special Representative in Europe, as part of the Embassy of
the United States of America in the Republic of Turkey for the purpose of
enjoying the privileges and immunities accorded to that Embassy and its per-
sonnel of comparable rank. The Government of the Republic of Turkey will
further accord appropriate courtesies to the members and staff of the Joint
Committee on Foreign Economic Cooperation of the Congress of the United
States of America, and grant them the facilities and assistance necessary to
the effective performance of their responsibilities.
3. The Government of the Republic of Turkey, directly and through its
representatives on the Organization for European Economic Cooperation,
will extend full cooperation to the Special Mission, to the United States
Special Representative in Europe and his staff, and to the members and staff
of the Joint Committee. Such cooperation shall include the provision of all
information and facilities necessary to the observation and review of the
carrying out of this Agreement, including the use of assistance furnished
under it.
Article IX
1 . The Governments of the United States of America and the Republic
of Turkey agree to submit to the decision of the International Court of Justice
any claim espoused by either Government on behalf of one of its nationals
against the other Government for compensation for damage arising as a con-
sequence of governmental measures (other than measures concerning enemy
property or interests) taken after April 3, 1948, by the other Government and
affecting property or interest of such national, including contracts with or
concessions granted by duly authorized authorities of such other Government.
It is understood that the undertaking of each Government in respect of
claims espoused by the other Government pursuant to this paragraph is made
in the case of each Government under the authority of and is limited by the
terms and conditions of such effective recognition as it has heretofore given
to the compulsory jurisdiction of the International Court of Justice under
Article 36 of the Statute of the Court.6 The provisions of this paragraph shall
1 TS 993, ante, vol. 3, p. 1 186.
ECONOMIC COOPERATION— JULY 4, 1948 1173
be in all respects without prejudice to other rights of access, if any, of either
Government to the International Court of Justice or to the espousal and
presentation of claims based upon alleged violations by either Government of
rights and duties arising under treaties, agreements or principles of inter-
national law.
2. The Governments of the United States of America and of the Republic
of Turkey further agree that such claims may be referred, in lieu of the Court,
to any arbitral tribunal mutually agreed upon.
3. It is further understood that neither Government will espouse a claim
pursuant to this Article until its national has exhausted the remedies available
to him in the administrative and judicial tribunals of the country in which
the claim arose.
Article X
As used in this Agreement the term "participating country" means
(i) any country which signed the Report of the Committee of European
Economic Cooperation at Paris on September 22, 1947, and territories for
which it has international responsibility and to which the Economic Coopera-
tion Agreement concluded between that country and the Government of the
United States of America has been applied, and
(ii) any other country (including any of the zones of occupation of
Germany, and areas under international administration or control, and the
Free Territory of Trieste or either of its zones) wholly or partly in Europe,
together with dependent areas under its administration;
for so long as such country is a party to the Convention for European Eco-
nomic Cooperation and adheres to a joint program for European recovery
designed to accomplish the purposes of this Agreement.
Article XI
1 . This Agreement shall be subject to ratification by the Grand National
Assembly of Turkey. It shall become effective on the day on which notice
of such ratification is given to the Government of the United States of
America. Subject to the provisions of paragraphs 2 and 3 of this Article,
it shall remain in force until June 30, 1953, and, unless at least six months
before June 30, 1953, either Government shall have given notice in writing
to the other of intention to terminate the Agreement on that date, it shall
remain in force thereafter until the expiration of six months from the date
on which such notice shall have been given.
2. If, during the life of this Agreement, either Government should consider
there has been a fundamental change in the basic assumptions underlying
this Agreement, it shall so notify the other Government in writing and the
two Governments will thereupon consult with a view to agreeing upon the
amendment, modification or termination of this Agreement. If, after three
1174 TURKEY
months from such notification, the two Governments have not agreed upon
the action to be taken in the circumstances, either Government may give
notice in writing to the other of intention to terminate this Agreement. Then,
subject to the provisions of paragraph 3 of this Article, this Agreement shall
terminate either:
(a) six months after the date of such notice of intention to terminate, or
(b) after such shorter period as may be agreed to be sufficient to ensure
that the obligations of the Government of the Republic of Turkey are per-
formed in respect of any assistance which may continue to be furnished by
the Government of the United States of America after the date of such
notice;
provided, however, that Article IV and paragraph 3 of Article VI shall
remain in effect until two years after the date of such notice of intention to
terminate, but not later than June 30, 1 953.
3. Subsidiary agreements and arrangements negotiated pursuant to this
Agreement may remain in force beyond the date of termination of this
Agreement and the period of effectiveness of such subsidiary agreements
and arrangements shall be governed by their own terms. Paragraph 2 of Arti-
cle III shall remain in effect for so long as the guaranty payments referred
to in that Article may be made by the Government of the United States
of America.
4. This Agreement may be amended at any time by agreement between
the two Governments.
5 . The Annex to this Agreement forms an integral part thereof.
6. This Agreement shall be registered with the Secretary-General of the
United Nations.
In witness whereof the respective representatives, duly authorized
for the purpose, have signed the present Agreement.
Done at Ankara, Turkey, in duplicate, in the English and Turkish lan-
guages, both texts authentic, this fourth day of July, 1948.
For the Government of the United States of America :
Edwin C. Wilson [seal]
For the Government of the Republic of Turkey:
N. SADAK [SEAL]
ANNEX
1 . It is understood that the requirements of paragraph 1 (a) of Article II,
relating to the adoption of measures for the efficient use of resources, would
include, with respect to commodities furnished under the Agreement, effec-
ECONOMIC COOPERATION— JULY 4, 1948 1175
tive measures for safeguarding such commodities and for preventing their
diversion to illegal or irregular markets or channels of trade.
2. It is understood that the obligation under paragraph 1 (c ) of Article II
to balance the budget would not preclude deficits over a short period but
would mean a budgetary policy involving the balancing of the budget in
the long run.
3. It is understood that the business practices and business arrangements
referred to in paragraph 3 of Article II mean :
(a) fixing prices, terms or conditions to be observed in dealing with
others in the purchase, sale or lease of any product ;
(b) excluding enterprises from, or allocating or dividing, any territorial
market or field of business activity, or allocating customers, or fixing sales
quotas or purchase quotas ;
(c) discriminating against particular enterprises;
( d ) limiting production or fixing production quotas ;
(e) preventing by agreement the development or application of tech-
nology or invention whether patented or unpatented;
(f ) extending the use of rights under patents, trademarks or copyrights
granted by either country to matters which, according to its laws and regula-
tions, are not within the scope of such grants, or to products or conditions
of production, use or sale which are likewise not the subjects of such grants ;
and
(g) such other practices as the two Governments may agree to include.
4. It is understood that the Government of the Republic of Turkey is
obligated to take action in particular instances in accordance with para-
graph 3 of Article II only after appropriate investigation or examination.
5. It is understood that the projects referred to in paragraph 1 of Arti-
cle III are those approved by the two Governments, in accordance with sec-
tion 111 (b) (3) of the Economic Cooperation Act of 1948.
6. It is understood that the phrase in Article IV "after due regard for
the reasonable requirements of the Republic of Turkey for domestic use"
would include the maintenance of reasonable stocks of the materials con-
cerned and that the phrase "commercial export" might include barter trans-
actions. It is also understood that arrangements negotiated under Article IV
might appropriately include provision for consultation, in accordance with the
principles of Article 32 of the Havana Charter for an International Trade
Organization,0 in the event that stockpiles are liquidated.
6 Unperfected. Art. 32(3) of the Havana Charter reads as follows:
"Such Member shall, at the request of any Member which considers itself substantially
interested, consult as to the best means of avoiding substantial injury to the economic
interests of producers and consumers of the primary commodity in question. In cases where
the interests of several Members might be substantially affected, the Organization may
participate in the consultations, and the Member holding the stocks shall give due con-
sideration to its recommendations."
303-582—73 76
1176 TURKEY
7. It is understood that the Government of the Republic of Turkey
will not be requested, under paragraph 2(a) of Article VI to furnish detailed
information about minor projects or confidential commercial or technical
information the disclosure of which would injure legitimate commercial
interests.
8. It is understood that the Government of the United States of America
in making the notifications referred to in paragraph 3 of Article VIII would
bear in mind the desirability of restricting, so far as practicable, the number
of officials for whom full diplomatic privileges would be requested. It is
also understood that the detailed application of Article VIII would, when
necessary, be the subject of intergovernmental discussion.
9. It is understood that any agreements which might be arrived at pur-
suant to paragraph 2 of Article IX would be subject to ratification by the
Senate of the United States of America.
10. It is understood that in the event it is proposed to make assistance
available to Turkey on a grant basis the two Governments will consult with
a view to amending the Agreement so as to take adequate provision for the
deposit of local currency in accordance with the requirements of the Eco-
nomic Cooperation Act of 1948, acts amendatory and supplementary thereto,
and appropriation acts thereunder.
MOST-FAVORED-NATION TREATMENT FOR
AREAS UNDER OCCUPATION OR CONTROL
Exchange of identical notes at Ankara July 4, 1948
Notice of Turkish ratification given July 13, 1948
Entered into force July 13, 1948
Expired in accordance with its terms
62 Stat. 2934; Treaties and Other
International Acts Series 1834
The American Ambassador to the Minister of Foreign Affairs1
Embassy of the
United States of America
Ankara, Turkey
July 4, 1948
Excellency :
I have the honor to refer to the conversations which have recently taken
place between representatives of our two Governments relating to the terri-
torial application of commercial arrangements between the United States
of America and the Republic of Turkey and to confirm the understanding
reached as a result of these conversations as follows:
1 . For such time as the Government of the United States of America par-
ticipates in the occupation or control of any areas in western Germany, the
Free Territory of Trieste, Japan or southern Korea, the Government of the
Republic of Turkey will apply to the merchandise trade of such area the
provisions relating to the most-favored-nation treatment of the merchandise
trade of the United States of America set forth in the Trade Agreement
between the United States of America and Turkey, signed April 1, 1939,2 or,
for such time as the Governments of the United States of America and the
Republic of Turkey may both be contracting parties to the General Agree-
ment on Tariffs and Trade, dated October 30, 1947,3 the provisions of
1 An identical note was sent on the same day by the Minister of Foreign Affairs to the
American Ambassador.
»EAS 163, ante, p. 1136.
• TIAS 1700, ante, vol. 4, p. 639.
1177
1178 TURKEY
that Agreement, as now or hereafter amended, relating to the most-favored-
nation treatment of such trade. It is understood that the undertaking in this
paragraph relating to the application of the most-favored-nation provisions
of the Trade Agreement shall be subject to the exceptions recognized in the
General Agreement on Tariffs and Trade permitting departures from the
application of most-favored-nation treatment; provided that nothing in this
sentence shall be construed to require compliance with the procedures spec-
ified in the General Agreement with regard to the application of such
exceptions.
2. The undertaking in point 1, above, will apply to the merchandise
trade of any area referred to therein only for such time and to such extent
as such area accords reciprocal most-favored-nation treatment to the mer-
chandise trade of the Republic of Turkey. In this connection, the Govern-
ment of the United States of America will seek arrangements whereby such
areas will accord most-favored-nation treatment (including most-favored-
nation treatment in the application of quantitative restrictions in accordance
with the principles of the General Agreement on Tariffs and Trade) to the
merchandise trade of Turkey.
3. The undertakings in points 1 and 2, above, are entered into in the
light of the absence at the present time of effective or significant tariff
barriers to imports into the areas herein concerned. In the event that such
tariff barriers are imposed, it is understood that such undertakings shall
be without prejudice to the application of the principles set forth in the
Havana Charter for an International Trade Organization 4 relating to the
reduction of tariffs on a mutually advantageous basis.
4. It is recognized that the absence of a uniform rate of exchange for
the currency of the areas in western Germany, Japan or southern Korea
referred to in point 1, above, may have the effect of indirectly subsidizing the
exports of such areas to an extent which it would be difficult to calculate
exactly. So long as such a condition exists, and if consultation with the Gov-
ernment of the United States of America fails to reach any agreed solution
to the problem, it is understood that it would not be inconsistent with the
undertaking in point 1 for the Government of the Republic of Turkey to
levy a countervailing duty on imports of such goods equivalent to the esti-
mated amount of such subsidization, where the Government of the Republic
of Turkey determines that the subsidization is such as to cause or threaten
material injury to an established domestic industry or is such as to prevent
or materially retard the establishment of a domestic industry.
5. The undertakings in this note shall remain in force until January 1,
1951, and unless at least six months before January 1, 1951, either Govern-
* Unperf ected ; for excerpts, see A Decade of American Foreign Policy; Basic Docu-
ments, 1941-49 (S. Doc. 123, 81st Cong., 1st sess.), p. 391.
MOST-FAVORED-NATION TREATMENT— JULY 4, 1948 1179
ment shall have given notice in writing to the other of intention to terminate
these undertakings on that date, they shall remain in force thereafter until
the expiration of six months from the date on which such notice shall have
been given.
Please accept, Excellency, the renewed assurances of my highest
consideration.
Edwin C. Wilson
His Excellency
Necmeddin Sadak
Minister of Foreign Affairs
Ankara
FINANCING OF EDUCATIONAL AND
CULTURAL EXCHANGE PROGRAMS
Agreement and exchanges of notes signed at Ankara December 27, 1949
Entered into force March 21, 1950
Amended by agreements of January 8, 1957 ; x February 1, 1960; 2
April 21 and May 30, 1961; 3 and April 26 and May 2, 1967 4
[For text, see 1 UST 603; TIAS 2111.]
1 8 UST 41 ; TIAS 3737.
Ml UST 399; TIAS 4458.
1 12 UST 661; TIAS 4766.
4 18 UST 1654; TIAS 6307.
1180
The Two Sicilies
CLAIMS
Convention signed at Naples October 14, 1832
Senate advice and consent to ratification January 19, 1833
Ratified by the President of the United States January 19, 1833
Ratified by the Two Sicilies June 2, 1833
Ratifications exchanged at Naples June 8, 1833
Entered into force June 8, 1833
Proclaimed by the President of the United States August 27, 1833
Terminated in 1843 on fulfillment of its terms 1
8 Stat. 442 ; Treaty Series 362 2
Convention Between the Government of the United States of
America and His Majesty the King of the Kingdom of the Two
Sicilies To Terminate the Reclamations of Said Government,
for the Depredations Inflicted upon American Commerce, by
Murat during the Years 1809, 1810, 1811, and 1812
The Government of the United States of America and His Majesty the
King of the Kingdom of the Two Sicilies, desiring to terminate the rec-
lamations advanced by said Government against His said Majesty, in order
that the Merchants of the United States may be indemnified for the losses
inflicted upon them by Murat, by the depredations, seizures, confiscations and
destruction of thir Vessels and cargoes, during the years 1809, 1810, 1811, and
1812, and His Sicilian Majesty desiring thereby to strengthen with the said
Government the bonds of that harmony, not hitherto disturbed; the said
Government of the United States and His aforesaid Majesty, the King of the
Kingdom of the Two Sicilies have with one accord, resolved to come to an
Awards totaling $1,925,034.68 (including 20 percent for interest) were paid in nine
installments on June 8 of each year from 1834 to 1842.
a For a detailed study of this convention, see 3 Miller 711.
1181
1182 THE TWO SICILIES
adjustment; to effectuate which they have respectively named and furnished
with the necessary powers, viz, The said Government of the United States,
John Nelson Esquire, a citizen of said states, and their Charge d' Affaires near
His Majesty the King of the Kingdom of the Two Sicilies; and His Majesty
His Excellency D. Antonio Maria Statella, Prince of Cassaro, Marquis of
Spaccaforno, Count Statella etc, etc, etc, His said Majesty's Minister
Secretary of State for foreign affairs etc, etc, who after the exchange of their
respective full powers, found in good and due form, have agreed to the
following articles
Article l8t
His Majesty the King of the Kingdom of the Two Sicilies, with a view to
satisfy the aforesaid reclamations, for the depredations, sequestrations,
confiscations and destruction of the vessels and cargoes of the Merchants of
the United States ( and for every expense of every Kind whatsoever incident
to, or growing out of the same) inflicted by Murat during the years 1809,
1810, 1811, and 1812, obliges himself to pay the sum of Two Millions, one
Hundred and fifteen Thousand Neapolitan Ducats to the Government of the
United States; seven Thousand six Hundred and seventy nine ducats part
thereof, to be applied to reimburse the said Government for the expense
incurred by it, in the transportation of American seamen from the Kingdom
of Naples during the year 1810, and the residue to be distributed amongst the
claimants by the said Government of the United States in such manner, and
according to such rules, as it may prescribe.
Article 2d
The sum of two Millions one Hundred and fifteen Thousand Neapolitan
Ducats agreed on in article the 1st shall be paid in Naples, in nine
equal installments of Two Hundred and Thirty five Thousand Ducats and
with interest thereon at the rate of four per centum per annum, to be
calculated from the date of the interchange of the ratifications of this
Convention, until the whole sum shall be paid. The first installment shall be
payable twelve months after the exchange of the said ratifications, and the
remaining installments, with the interest, successively, one year after another.
The said payments shall be made in Naples into the hands of such person as
shall be duly authorised by the Government of the United States to receive
the same.
Article 3d
The present Convention shall be ratified and the ratifications thereof shall
be exchanged in this Capital in the space of eight months from this date or
sooner if possible.
CLAIMS— OCTOBER 14, 1832 1183
In faith whereof the parties above named have respectively subscribed
these articles, and thereto affixed their seals. Done at Naples on the 14th day
of October one Thousand eight Hundred and thirty two.
Jno. Nelson [seal]
The Prince of Cassaro [seal]
COMMERCE AND NAVIGATION
Treaty signed at Naples December 1, 1845
Entered into force December 1, 1845
Ratified by the Two Sicilies February 28, 1846
Senate advice and consent to ratification April 11, 1846
Ratified by the President of the United States April 14, 1846
Ratifications exchanged at Naples June 1, 1846
Proclaimed by the President of the United States July 24, 1846
Superseded November 7, 1856, by treaty of October 1, 1855 x
9 Stat. 833 ; Treaty Series 363 3
The United States of America and His Majesty the King of the Kingdom
of the Two Sicilies, equally animated with the desire of maintaining, the re-
lations of good understanding which have hitherto so happily subsisted be-
tween their respective States, and consolidating the commercial intercourse
between them have agreed to enter in negotiations for the conclusion of a
Treaty of commerce and navigation, for which purpose they have appointed
Plenipotentiaries, that is to say:
The President of the United States of America
William H. Polk, Charge d' Affaires of the same United States of America
to the Court of His Majesty the King of the Kingdom of the Two Sicilies
And His Majesty the King of the Kingdom of the Two Sicilies
D. Giustino Fortunato, Knight Grand Cross of the Royal Military Con-
stantinian Order of Sl George, and of Francis the 1st, Minister Secretari
of State of His said Majesty.
D. Michael Gravina and Requesenz, Prince of Comitini, Knight Grand
Cross of the Royal Order of Francis the 1st, Gentleman of the chamber in
waiting, and Minister Secretary of State of His said Majesty.
And D. Antonio Spinelli, of Scalea, Commander of the R1 Order of Francis
the 1st, Gentleman of the chamber of His said Majesty, Member of the
General Consulta and Surintendant General of the Archives of the Kingdom.
'TSSSS, post, p. 1193.
' For a detailed study of this treaty, see 4 Miller 791.
1184
COMMERCE AND NAVIGATION— DECEMBER 1, 1845 1185
Who after having each others exchanged their full powers, found in
good and due form, have concluded and signed the following Articles:
Article 1
There shall be reciprocal liberty of commerce and navigation between
the United States of America and the Kingdom of the Two Sicilies.
No duty of customs or other impost shall be charged upon any goods,
the produce or manufacture of one Country, upon importation by sea or
by land from such Country into the other, other or higher than the duty
or impost charged upon goods of the same kind, the produce or manu-
facture of, or imported from, any other country: and the United States
of America and His Majesty the King of the Kindom of the Two Sicilies,
do hereby engage, that the subjects or citizens of any other State, shall not
enjoy any favour privilege or immunity whatever in matters of commerce
and navigation which shall not, also, and at the same time be extended to
the subjects or citizens of the other High contracting Party, gratuitously,
if the concession in favour of that other State shall have been gratuitous,
and in return for a compensation, as nearly as possible of proportionate
value and effect, to be adjusted by mutual agreement, if the concessions
shall have been conditional.
Article 2
All articles of the produce or manufacture of either country, and of their
respective States, which can legally be imported into either country from
the other in ships of that other country and thence coming, shall, when so
imported, be subject to the same duties, and enjoy the same privileges whether
imported in ships of the one country, or in ships of the other; and in like man-
ner, all goods which can legally be exported or reexported from either coun-
try to the other, in ships of that other country, shall, when so exported or
reexported be subject to the same duties, and be entitled to the same privi-
leges, drawbacks, bounties and allowances, whether exported in ships of the
one country, or in ships of the other.
Article 3
No duties of tonnage, harbour, light-houses, pilotage, quarantine, or other
similar duties, of whatever nature, or under whatever denomination, shall be
imposed in either country upon the vessels of the other, in respect of voyages
between the United States of America and the Kingdom of the Two Sicilies,
if laden, or in respect of any voyage, if in ballast, which shall not be equally
imposed in the like cases on national vessels.
1186 THE TWO SICILIES
Article 4
It is hereby declared that the stipulations of the present Treaty, are not
to be understood as applying to the navigation and carrying trade between
one port and another situated in the States of either contracting party, such
navigation and trade being reserved exclusively to national vessels. Vessels of
either country shall, however, be permitted to load or unload the whole or
part of their cargoes at one or more ports in the States of either of the High
contracting parties, and then to proceed to complete the said loading or
unloading to any other port or ports in the same States.
Article 5
Neither of the Two Governments nor any corporation or agent acting in
behalf, or under the authority of either Government, shall, in the purchase of
any article, which being the growth, produce or manufacture of the one coun-
try, shall be imported into the other, give directly or indirectly any priority
or preference on account of or in reference to, the national character of the
vessel in which such article shall have been imported; it being the true in-
tent and meaning of the High contracting parties, that no distinction or
difference whatever shall be made in this respect.
Article 6
The High contracting Parties engage, in regard to the personal privileges
that the citizens of the United States of America shall enjoy in the Dominions
of His Majesty the King of the Kingdom of the Two Sicilies, and the sub-
jects of His said Majesty in the United States of America, that they shall
have free and undoubted right to travel and to reside in the States of the Two
High contracting Parties, subject to the same precautions of Police, which
are practiced towards the subjects or citizens of the most favoured Nations.
They shall be entitled to occupy dwellings, and warehouses, and to dispose
of their personal property of every kind and description, by sale, gift,
exchange, will, or in any other way whatever, without the smallest hindrance
or obstacle; and their heirs, or representatives, being subjects or citizens of
the other High contracting Party, shall succeed to their personal goods
whether by Testament or ab intestato; and may take possession thereof, either
by themselves, or by others acting for them, and dispose of the same at will,
paying to the profit of the respective governments, such dues only as the
inhabitants of the country wherein the said goods are, shall be subject to pay
in like cases. And in case of the absence of the Heir and representative, such
care shall be taken of the said goods, as would be taken of the goods of a
native of the same country in like case, until the lawful owner, may take
measures for receiving them. And if a question should arise among several
claimants as to which of them said goods belong, the same shall be decided,
finally, by the laws and judges of the land wherein the said goods are.
COMMERCE AND NAVIGATION— DECEMBER 1, 1845 1187
They shall not be obliged to pay under any pretence whatever, any taxes
or impositions, other or greater than those which are paid, or may hereafter
be paid by the subjects or citizens of the most favoured Nations in the respec-
tive States, of the High contracting parties.
They shall be exempt from all military service whether by land or by sea,
from forced loans, and from every extraordinary contribution not general and
by law established. Their dwellings, warehouses and all premises appartaining
thereto, destined for purposes of commerce or residence shall be respected.
No arbitrary search of, or visit to their houses, and no arbitrary examination
or inspection whatever of the books, papers or accounts of their trade shall be
made; but such measures shall be executed only in conformity with the legal
sentence of a competent tribunal, and each of the Two High contracting
Parties engages, that the citizens or subjects of the other residing in their
respective States, shall enjoy their property and personal security, in as full
and ample manner, as their own citizens or subjects, or the subjects or citizens
of the most favoured Nations.
Article 7
The citizens and the subjects of each of the Two High contracting Parties,
shall be free in the States of the other, to manage their own affairs themselves,
or to commit those affairs, to the management of any persons whom they may
appoint as their broker, factor or agent, nor shall the citizens and subjects of
the Two High contracting Parties, be restrained in their choice of persons, to
act in such capacities, nor shall they be called upon to pay any salary, or
remuneration to any person, whom they shall not choose to employ.
Absolute freedom shall be given in all cases to the buyer and seller to bar-
gain together, and to fix the price of any goods, or merchandize imported
into, or to be exported from the States and Dominions of the Two High con-
tracting Parties ; save and except generally such cases wherein the Laws and
usages of the country, may require the intervention of any special agents, in
the States and Dominions, of the High contracting Parties.
Article 8
Each of the Two High contracting Parties, may have in the ports of the
other, Consuls, Vice Consuls and Commercial Agents, of their own appoint-
ment, who shall enjoy the same privileges, and powers of those of the most
favored Nations, but if any such Consuls shall exercise commerce, they shall
be submitted to the same Laws and usages, to which the private individuals
of their nation are submitted in the same place.
The said Consuls, Vice Consuls and Commercial Agents are authorized to
require the assistance of the local Authorities for the search, arrest, detention
and imprisonnement of the deserters from the ships of war, and merchant
vessels of their country. For this purpose they shall apply to the competent
1188 THE TWO SICILIES
Tribunals, judges and officers, and shall in writing demand the said deserters,
proving by the exhibition of the registres of the vessel, the rolls of the crews,
or by other official documents that such individuals formed part of the crews,
and this reclamation being thus substantiated, the surrender shall not be
refused.
Such deserters when arrested shall be placed at the disposal of the said
Consuls, Vice Consuls or Commercial Agents, and may be confined in the
public prisons, at the request and cost of those who shall claim them, in order
to be detained until the time when they shall be restored to the vessels to
which they belonged, or sent back to their own country, by a vessel of the
same nation, or any other vessel, whatsoever. But if not sent back within four
months from the day of their arrest, or if all the expenses of such imprison-
ment are not defrayed, by the party causing such arrest and imprisonment
they shall be set at liberty, and shall not be again arrested for the same cause.
However if the deserter should be found to have committed any crime or
offence, his surrender may be delayed until the Tribunal before which his
case shall be depending, shall have pronounced its sentence, and such sen-
tence shall have been carried into effect.
Article 9
If any ships of war or merchant vessels be wrecked on the coasts of the
States of either of the High contracting parties, such ships or vessels, or any
parts thereof, and all furniture and appurtenances belonging thereunto, and
all goods and merchandize which shall be saved therefrom, or the produce
thereof, if sold shall be faithfully restored, with the least possible delay, to
the proprietors upon being claimed by them, or by their duly authorized
factors; and if there are no such proprietors or factors on the spot, then the
said goods and merchandize, or the proceeds thereof as well as all the papers
found on board such wrecked ships or vessels, shall be delivered to the Ameri-
can or Sicilian Consul or Vice Consul, in whose district the wreck may have
taken place ; and such Consul, Vice Consul, proprietors, or factors, shall pay
only the expenses incurred in the preservation of the property, together with
the rate of salvage and expenses of quarantine which would have been pay-
able in the like case of a wreck of a national vessel ; and the goods and mer-
chandize saved from the wreck, shall not be subject to duties, unless cleared
for consumption; it being understood, that in case of any legal claim upon
such wreck, goods or merchandize, the same shall be referred for decision to
the competent tribunals of the Country.
Article 10
The merchant vessels of each of the Two High contracting Parties,
which may be forced by stress of weather or other cause into one of the
Ports of the other, shall be exempt from all duty of port or navigation
I
COMMERCE AND NAVIGATION— DECEMBER 1, 1845 1189
paid for the benefit of the State, if the motives which led to take refuge
be real and evident, and if no operation of commerce be done by loading
or unloading merchandises; well understood however that the loading or
unloading, which may regard the subsistence of the crew, or necessary for
the reparation of the vessel, shall not be considered operations of commerce,
which lead to the payment of duties, and that the said vessels do not stay
in Port beyond the time necessary, keeping in view the cause which led [to]
taking refuge.
Article 11
To carry always more fully into effect the intentions of the Two High
contracting parties, they agree, that every difference of duty, whether of
the ten per cent or other, established in the respective States, to the prejudice
of the navigation and commerce of those Nations which have not treaties
of Commerce and Navigation with them, shall cease and remain abolished
in conformity to the principle established in the 1st Article of the present
Treaty, as well on the productions of the soil and industry of the Kingdom
of the Two Sicilies, which therefrom shall be imported in the United States
of America, whether in vessels of the one, or of the other country, as on those,
which in like manner, shall be imported in the Kingdom of the Two Sicilies
in vessels of both countries.
They declare besides, that as the productions of the soil and industry of the
Two countries, on their introduction in the ports of the other, shall not be
subject to greater duties than those which shall be imposed on the like pro-
ductions of the most favoured Nations, so the red and white wines of the
Kingdom of the Two Sicilies of every kind, including those of Marsala, which
may be imported directly into the United States of America, whether in
vessels of the one or of the other country, shall not pay higher or greater
duties than those of the red and white wines of the most favoured Nations.
And in like manner, the Cottons of the United States of America, which may
be imported directly in the Kingdom of the Two Sicilies, whether in vessels
of the one or other Nation, shall not pay higher or greater duties, than the
Cottons of Egypt, Bengal, or those of the most favoured Nations.
Article 12
The present Treaty shall be in force from this day, and for the term of ten
years, and further, until the end of twelve months after either of the High
contracting Parties shall have given notice to the other, of its intention to
terminate the same; each of the said High contracting Parties, reserving to
itself the right of giving such notice, at the end of the said term of ten years,
or at any subsequent term.
1190 THE TWO SICILIES
Article 13
The present Treaty shall be approved and ratified by the President of the
United States of America, by and with the advice and consent of the Senate
of the said States, and by His Majesty the King of the Kingdom of the
Two Sicilies, and the ratifications shall be exchanged at Naples, at the expira-
tion of six months from the date of its signature, or sooner, if possible
In witness whereof the respective Plenipotentiaries have signed the same,
and have affixed thereto the seal of their arms.
Done at Naples the first of December in the year one thousand eight hun-
dred and forty five.
William H. Polk [seal]
glustino fortunato [seal]
II Principe di Comitini [seal]
Antonio Spinelli [seal]
RIGHTS OF NEUTRALS AT SEA
Convention signed at Naples January 13, 1855
Senate advice and consent to ratification March 3, 1855
Ratified by the President of the United States March 20, 1855
Ratified by the Two Sicilies April 4, 1855
Ratifications exchanged at Washington July 14, 1855
Entered into force July 14, 1855
Proclaimed by the President of the United Slates July 16, 1855
Made obsolete in 1860 upon consolidation of the Two Sicilies with
Italy 1
1 1 Stat. 607; Treaty Series 364
Convention Between the United States of America and His Ma-
jesty the King of the Kingdom of the Two Sicilies Signed at
Naples 13th January 1855
The United States of America and his Majesty the King of the Kingdom
of the two Sicilies, equally animated with a desire to maintain and to preserve
from all harm, the relations of good understanding which have, at all times,
so happily subsisted between themselves, as also between the inhabitants of
their respective States, have mutually agreed to perpetuate, by means of a
formal convention, the principles of the right of neutrals at sea, which they
recognise as indispensable conditions of all freedom of navigation and mari-
time trade. For this purpose the President of the United States has conferred
full powers on Robert Dale-Owen, Minister Resident at Naples of the United
States of America ; and his Majesty the King of the Kingdom of the two Sici-
lies has conferred like powers on Mr. Louis Carafa della Spina, of the Dukes
of Traetto, Weekly Majordomo of his Majesty, Commendator of his Royal
Order of the Civil Merit of Francis the first, Grand Cross of the distinguished
Rl Spanish Order of Charles the third, Great Officer of the Order of the
Legion d'Honneur, Grand Cross of the Order of S. Michael of Baviera,
Grand Cross of the Florentine Order of the Merit under the title of S. Joseph,
Grand Cross of the Order of Parma of the Merit under the title of S. Ludo-
vico, Grand Cross of the Brasilian Order of the Rose, provisionally charged
with the Portfolio of Foreign Affairs : and said plenipotentiaries after having
1 For a detailed study of this convention, including a discussion of its duration, see 6
Miller 859.
1191
1192 THE TWO SICILIES
exchanged their full powers, found in good and due form, have concluded
and signed the following articles.
Art. 1
The two high contracting parties recognise as permanent and immutable
the following principles, to wit :
1st. That free ships make free goods — that is to say, that the effects or
goods belonging to subjects or citizens of a Power or State at war are free
from capture and confiscation when found on board of neutral vessels,
with the exception of articles contraband of war.
2d. That the property of neutrals on board an enemy's vessel is not sub-
ject to confiscation, unless the same be contraband of war. They engage to
apply these principles to the commerce and navigation of all such Powers
and States as shall consent to adopt them on their part as permanent and
immutable.
Art. 2
The two high contracting parties reserve themselves to come to an ulterior
understanding as circumstances may require, with regard to the application
and extension to be given, if there be any cause for it, to the principles laid
down in the 1st. article. But they declare from this time that they will take
the stipulations contained in said article 1st as a rule whenever it shall become
a question, to judge of the rights of neutrality.
Art. 3
It is agreed by the high contracting parties that all nations which shall or
may consent to accede to the rules of the first article of this convention, by a
formal declaration stipulating to observe them, shall enjoy the rights resulting
from such accession as they shall be enjoyed and observed by the two Powers
signing this convention. They shall mutually communicate to each other the
results of the steps which may be taken on the subject.
Art. 4
The present convention shall be approved and ratified by the President
of the United States of America, by and with the advice and consent of the
Senate of said States, and by his Majesty the King of the Kingdom of the two
Sicilies, and the ratifications of the same shall be exchanged at Washington
within the period of twelve months, counting from this day, or sooner if
possible.
In faith whereof, the respective plenipotentiaries have signed the present
Convention, in duplicate, and thereto affix the seal of their arms.
Done at Naples, thirteenth of January eighteen-hundred & fifty five.
Robert Dale Owen [seal]
Luigi Carafa [seal]
AMITY, COMMERCE, AND NAVIGATION;
EXTRADITION
Treaty and declaration signed at Naples October 1, 1855
Senate advice and consent to ratification, with amendments, August 13,
1856 1
Ratified by the President of the United States, with amendments,
August 20, 1856 »
Ratified by the Two Sicilies October 10, 1856
Ratifications exchanged at Naples November 7, 1856
Entered into force November 7, 1856
Proclaimed by the President of the United States December 10, 1856
Made obsolete in 1860 upon consolidation of the Two Sicilies with
Italy2
1 1 Stat. 639 ; Treaty Series 365
Treaty
The United States of America, and His Majesty the King of the Kingdom
of the Two Sicilies, equally animated with the desire to strengthen and per-
petuate the relations of amity and good understanding, which have, at all
times, subsisted between the two countries; desiring, also, to extend and con-
solidate the commercial intercourse between them, and convinced, that noth-
ing will more contribute to the attainment of this desirable object, than an
entire freedom of navigation, the abolition of all differential duties of navi-
1 The United States amendments read as follows :
"Article XXII
"In lines 10 and 11 strike out the words 'or emission of forged papers', and insert the
word 'forgery'.
"Same Article
"In lines 13 and 14 strike out the words 'fraudulent bankruptcy'.
"Same Article
"In lines 17, 18, 19, strike out the words 'or by persons hired or salaried, to the detri-
ment of their employers'."
The text printed here is the amended text as proclaimed by the President.
1 For a detailed study of this treaty, including a discussion of its duration, see 7 Miller
223.
1193
1194 THE TWO SICILIES
gation and of commerce, and a perfect reciprocity, based on principles of
equity, equally beneficial to both countries, and applicable alike in peace
and in war; have resolved to conclude a general Convention of amity, com-
merce, navigation and for the surrender of fugitive criminals.
For this purpose, they have respectively appointed Plenipotentiaries, to
wit,
The President of the United States has appointed :
Robert Dale Owen, Minister Resident of the United States near His
Majesty the King of the Kingdom of the Two Sicilies.
And His Majesty the King of the Kingdom of the Two Sicilies has
appointed :
Don Lewis Carafa della Spina, of the Dukes of Traetto, weekly Major-
domo of His Majesty, Commander of His Royal Order of Civil Merit
of Francis the First ; Grand Cross of the distinguished Royal Spanish Order
of Charles the Third ; Grand Officer of the Order of the Legion of Honor,
Grand Cross of the Order of St. Michael of Bavaria; Grand Cross of the
Florentine Order of Merit under the title of St. Joseph, Grand Cross of
the Order of Merit of Parma under the title of St. Ludovico, Grand Cross
of the Brazilian Order of the Rose, charged provisionally with the Portfolio
of Foreign Affairs; and,
Don Michael Gravina e Requesenz, Prince of Comitini, his Gentleman
of the Bedchamber in exercise, Chevalier Grand Cross of his Royal Order
of Francis the First, invested with the Grand Cordon of the Order of the
Legion of Honor, and the Grand Cross of the following Orders, namely of
Leopold of Austria, of the Red Eagle of Prussia, of the White Eagle of
Russia, of St. Maurice and Lazarus of Sardinia, of Dannebrog of Denmark,
of Leopold of Belgium, and of the Crown of oak of the Low Countries,
late his Minister Secretary of State ; and,
Don Joseph Marius Arpino, Advocate General of the Grand Court of
Accounts.
And the said Plenipotentiaries, after having exchanged their respective
full powers, found in good and due form, have concluded and signed the
following articles.
Article 1
It is the intention of the Two High contracting Parties, that there shall
be, and continue through all time, a firm, inviolable and universal peace,
and a true and sincere friendship between them, and between their respective
territories, cities towns, and people, without exception of persons or places.
But if, notwithstanding, the two nations should, unfortunately, become in-
volved in war, one with the other, the term of six months from and after the
declaration thereof shall be allowed to the merchants, and other inhabitants,
COMMERCE, EXTRADITION— OCTOBER 1, 1855 1195
respectively, on each side, during which term they shall be at liberty to
withdraw themselves, with all their effects, which they shall have the right
to carry away, send away, or sell, as they please, without hinderance or
molestation. During such period of six months their persons and their effects,
including money, debts, shares in the public funds or in banks, and any
other property, real or personal, shall be exempt from confiscation or seques-
tration; and they shall be allowed freely to sell and convey any real estate
to them belonging; and to withdraw and export the proceeds, without
molestation, and without paying, to the profit of the respective Governments,
any taxes or dues other or greater, than those which the inhabitants of the
country wherein said real estate is situated, shall, in similar cases, be subject
to pay. And passports valid for a sufficient term for their return, shall be
granted, as a safe conduct for themselves, their vessels, and the money and
effects which they may carry or send away, against the assaults, and prizes
which may be attempted against their persons and effects, as well by vessels
of war of the Contracting Parties, as by their privateers.
Article 2
Considering the remoteness of the respective countries of the two contract-
ing Parties, and the uncertainty resulting therefrom, with respect to the
various events which may take place, it is agreed, that a merchant vessel
belonging to either of them, which may be bound to a port, supposed, at the
time of its departure, to be blockaded, shall not, however, be captured or
condemned, for having attempted, a first time, to enter said port, unless it
can be proved, that said vessel could, and ought to have learned, during its
voyage, that the blockade of the place in question still continued. But all
vessels, which, after having been warned off once, shall, during the same
voyage, attempt, a second time, to enter the same blockaded port, during
the continuance of the same blockade, shall thereby subject themselves to
be detained and condemned.
By blockaded port is understood one into which, by the disposition of the
Power which attacks it, with a proportionate number of ships sufficiently
near, there is evident danger in entering.
Article 3
The High contracting Parties, in order to prevent, and avoid all dispute,
by determining, with certainty, what shall be considered by them contraband
in time of war, and as such cannot be conveyed to the countries, cities, places,
or seaports of their enemies, have declared and agreed, that, under the name
of contraband of war shall be comprised only cannons, mortars, petards,
granades, muskets, balls, bombs, gun-carriages, gunpowder, saltpetre,
matches; troops, whether infantry or cavalry, together with all that appertains
to them; as also every other munition of war, and, generally, every species
1196 THE TWO SICILIES
of arms, and instruments in iron, steel, brass, copper or any other material
whatever, manufactured, prepared and made expressly for purposes of war
whether by land or sea.
And it is expressly declared and understood, that the merchandise above
set forth as contraband of war, shall not entail confiscation, either on the
vessel on which it shall have been loaded, or on the merchandise forming the
rest of the cargo of said vessel, whether the said merchandise belong to the
same or to a different owner.
Article 4
The citizens and subjects of each of the High contracting parties shall have
free and undoubted right to travel and reside in the States of the other,
remaining subject only to the precautions of police, which are practised to-
wards the citizens or subjects of the most favored nations.
Article 5
The citizens or subjects of one of the High contracting Parties, travelling or
residing in the territories of the other, shall be free from all military service,
whether by land or sea, from all billetting of soldiers in their houses, from
every extraordinary contribution, not general and by law established, and
from all forced loans; nor shall they be held, under any pretence whatever,
to pay any taxes or impositions, other, or greater, than those which are, or may
hereafter be, paid, by the subjects or citizens of the most favored nations, in
the respective States of the High contracting Parties. Their dwellings, ware-
houses and all premises appertaining thereto, destined for purposes of com-
merce or residence, shall be respected. No arbitrary search of, or visit to, their
houses, whether private or of business, and no arbitrary examination or in-
spection whatever of their books, papers or accounts of trade shall be made;
but such measures shall have place only in virtue of warrant granted by the
judicial authorities. And each of the High contracting Parties expressly en-
gages, that the citizens or subjects of the other, residing in their respective
States, shall enjoy their property and personal security, in as full and ample
a manner as their own citizens or subjects, or the citizens or subjects of the
most favored nations.
Article 6
The citizens and subjects of each of the contracting Parties residing in the
States of the other, shall be entitled to carry on commerce, arts or trade, and to
occupy dwellings, shops and warehouses, and to dispose of their property of
every kind, whether real or personal, by sale, gift, exchange, or in any other
way, without hinderance or obstacle. And they shall be free to manage their
own affairs themselves, or to commit those affairs to persons, whom they may
appoint as broker, factor or agent; nor shall they be restrained in their choice
of persons to act in such capacities ; nor shall they be called upon to pay any
COMMERCE, EXTRADITION— OCTOBER 1, 1855 1197
salary or remuneration to any person whom they shall not choose to employ.
Absolute freedom shall, also, be given, in all cases, to the buyer and seller to
bargain together, and also to fix the price of any goods or merchandise, im-
ported into, or to be exported from, the States of either of the contracting
Parties, save and except cases where the laws of the said States may require
the intervention of special agents, or where, in either of the countries, articles
may be the subject of a Government monopoly, as, at present in the Kingdom
of the Two Sicilies, the Royal monopolies of tobacco, salt, playing cards, gun-
powder and saltpetre.
It being expressly understood, however, that none of the provisions of the
present Treaty shall be so construed as to take away the right of either of the
High contracting Parties to grant patents of invention or improvement,
either to the inventors or to others, and that the principles of reciprocity
established by this Treaty shall not extend to premiums which either of the
High contracting Parties may grant to their own citizens or subjects, for the
encouragement of the building of ships, to sail under their own flag.
Article 7
As to any citizen or subject of either of the High contracting Parties dying
within the jurisdiction of the other, his heirs, being citizens or subjects of the
other, shall succeed to his personal property and either to his real estate or
to the proceeds thereof, whether by testament or ab intestato; and may take
possession thereof, either by themselves or by others acting for them ; and may
dispose of the same, at will, paying to the profit of the respective Governments
such dues only as the inhabitants of the country wherein the said property is,
shall be subject to pay, in like cases. And in case of the absence of the heir, or
of his representatives, the same care shall be taken of the said property as
would be taken, in like cases, of the effects of the natives of the country itself;
the respective consular agents having notice from the competent judicial
authorities of the day and hour in which they will proceed to the imposing or
removing of seals and to the making out of an inventory, in all cases where
such proceedings are required by law ; so that the said Consular agent may
assist thereat.
The respective Consuls may demand the delivery of the hereditary effects
of their countrymen, which shall be immediately delivered to them, if no
formal opposition to such delivery shall have been made by the creditors of
the deceased, or otherwise, as soon as such opposition shall have been legally
overruled. And if a question shall arise as to the rightful ownership of said
property, the same shall be finally decided by the laws and judges of the land
wherein the said property is. And the citizens and subjects of either of the
contracting Parties in the States of the other, shall have free access to the
Tribunals of justice of said States, on the same terms which are granted
by the laws and usages of the country to native citizens or subjects; and they
1198 THE TWO SICILIES
may employ, in defence of their interests and rights, such advocates, attor-
nies, and other agents, being citizens or subjects of the other, as they may
choose to select.
Article 8
There shall be, between the territories of the High contracting Parties,
reciprocal liberty of commerce and navigation : and, to that effect, the vessels
of their respective States shall mutually have liberty to enter the ports, places
and rivers of the territories of each party, wherever national vessels, arriving
from abroad, are permitted to enter. And all vessels of either of the two con-
tracting Parties arriving in the ports of the other, shall be treated, on their
arrival, during their stay, and at their departure, on the same footing as
national vessels, as regards port charges, and all charges of navigation, such
as of tonnage, lighthouses, pilotage, anchorage, quarantine, fees of public
functionaries, as well as all taxes or impositions of whatever sort, and under
whatever denomination, received in the name, and for the benefit, of the
Government, or of local authorities, or of any private institution whatsoever,
whether the said vessels arrive, or depart in ballast, or whether they import
or export merchandise.
Article 9
The national character of the vessels of the respective countries, shall be
recognized and admitted by each of the Parties, according to its own laws
and special rules, by means of papers granted by the competent authorities
to the captains or masters. And no vessels of either of the contracting Parties
shall be entitled to profit by the immunities and advantages granted in the
present Treaty, unless they are provided with the proper papers and certifi-
cates, as required by the regulations existing in the respective countries, to
establish their tonnage and their nationality.
Article 10
The vessels of each of the High contracting Parties shall be allowed to
introduce into the ports of the other, and to export thence, and to deposit
and store there, every sort of goods, wares and merchandise, from whatever
place the same may come, the importation and exportation of which are
legally permitted in the respective States, without being held to pay other or
heavier customhouse duties or imposts of whatever kind or name, other or
of higher rate than those which would be paid for similar goods or products,
if the same were imported, or exported in national vessels; and the same
privileges, drawbacks, bounties and allowances, which may be allowed by
either of the contracting Parties on any merchandise imported or exported
in their own vessels shall be allowed, also, on similar produce imported or
exported in vessels of the other Party.
COMMERCE, EXTRADITION— OCTOBER 1, 1855 1199
Article 11
No priority or preference shall be given, directly or indirectly, by either of
the contracting Parties, nor by any company, corporation or agent, in their
behalf, or under their authority, in the purchase of any article of commerce,
lawfully imported, on account of, or in reference to, the character of the
vessel, in which such article was imported : it being the true intent and mean-
ing of the contracting Parties, that no distinction or difference shall be made,
in this respect.
Article 12
The principles contained in the foregoing articles shall be applicable, in
all their extent, to vessels of each of the High contracting Parties, and to
their cargoes, whether the said vessels arrive from the ports of either of the
contracting Parties, or from those of any other foreign country; so that, as far
as regards dues of navigation or of customs, there shall not be made, either in
regard to direct or indirect navigation, any distinction whatever between
the vessels of the two contracting Parties.
Article 13
The above stipulations shall not, however, extend to fisheries, nor to the
coasting trade, from one port to another in each country, whether for passen-
gers or merchandise, and whether by sailing vessels or steamers; such navi-
gation and traffic being reserved exclusively to national vessels.
But, notwithstanding, the vessels of either of the two contracting Parties
may load or unload, in part, at one or more ports of the territories of the
other, and then proceed to any other port or ports in said territories to com-
plete their loading, or unloading, in the same manner as a national vessel
might do.
Article 14
No higher or other duty shall be imposed on the importation, by sea or
land, into the United States, of any article, the growth, produce or manu-
facture of the Kingdom of the Two Sicilies or of her fisheries ; and no higher
or other duty shall be imposed on the importation, by sea or by land into the
Kingdom of the Two Sicilies, of any article the growth, produce or manu-
facture of the United States, or their fisheries ; than are, or shall be payable
on the like articles the growth, produce or manufacture of any other foreign
country.
No other or higher duties and charges shall be imposed, in the United
States, on the exportation of any article to the Kingdom of the Two Sicilies,
or in the Kingdom of the Two Sicilies on the exportation of any article to
the United States, than such as are, or shall be, payable, on the exportation
of the like article to any foreign country. And no prohibition shall be im-
posed on the importation or exportation of any article the growth, produce
308-582 — 73 77
1200 THE TWO SICILIES
or manufacture of the United States, or their fisheries, or of the Kingdom
of the Two Sicilies and her fisheries from or to the ports of the United States
or of the Kingdom of the Two Sicilies which shall not equally extend to every
other foreign country.
Article 15
If either of the High contracting Parties, shall hereafter, grant to any other
nation, any particular favor, privilege or immunity, in navigation or com-
merce, it shall, immediately, become common to the other party, freely, where
it is freely granted to such other nation, and on yielding the same compensa-
tion, or a compensation as nearly as possible of proportionate value and
effect, to be adjusted by mutual agreement, when the grant is conditional.
Article 16
The vessels of either of the High contracting Parties that may be con-
strained, by stress of weather, or other accident, to seek refuge in any port
within the territories of the other, shall be treated there, in every respect,
as a national vessel would be, in the same strait; provided, however, that the
causes which gave rise to this forced landing are real and evident, that the
vessel does not engage in any commercial operation, as loading or unloading
merchandise, and that its stay in the said port is not prolonged beyond the
time rendered necessary by the causes which constrained it to land : it being
understood, nevertheless, that any landing of passengers, or any loading or
unloading caused by operations of repair of the vessel, or by the necessity
of providing subsistence for the crew, shall not be regarded as a commercial
operation.
Article 17
In case any ship of war, or merchant vessel, shall be wrecked on the coasts
or within the maritime jurisdiction of either of the High contracting Parties,
such ships or vessels, or any parts thereof, and all furniture and appurtenances
belonging thereto, and all goods and merchandise, which shall be saved there-
from, or the produce thereof, if sold, shall be faithfully restored, with the
least possible delay, to the proprietors, upon being claimed by them, or by
their duly authorized factors; and if there are no such proprietors or factors
on the spot, then the said goods and merchandise, or the proceeds thereof, as
well as all the papers found on board such wrecked ships or vessels, shall be
delivered to the American or Sicilian Consul or Vice Consul, in whose district
the wreck may have taken place, and such Consul, Vice Consul, proprietors
or factors shall pay only the expenses incurred in the preservation of the
property, together with the rate of salvage and expenses of quarantine, which
would have been payable in the like case of a wreck of a national vessel ; and
the goods and merchandise saved from the wreck shall not be subject to
duties, unless cleared for consumption; it being understood, that in case of
COMMERCE, EXTRADITION— OCTOBER 1, 1855 1201
any legal claim upon such wreck, goods or merchandise, the same shall be
referred for decision, to the competent tribunals of the country.
Article 18
Each of the High contracting Parties grants to the other, subject to the
usual Exequatur, the liberty of having, in the ports of the other where
foreign commerce is usually permitted, Consuls, Vice Consuls, and com-
mercial Agents of their own appointment, who shall enjoy the same privi-
leges and powers as those of the most favored nations ; but if any such Consul,
Vice Consul or commercial Agent shall exercise commerce, he shall be sub-
jected to the same laws and usages to which private individuals of the nation
are subjected in the same place. And whenever either of the two contracting
Parties shall select for a consular Agent a citizen or subject of this last, such
consular Agent shall continue to be regarded, notwithstanding his quality
of foreign Consul, as a citizen or a subject of the nation to which he belongs,
and consequently shall be submitted to the laws and regulations to which
natives are subjected. This obligation, however shall not be so construed,
so as to embarrass his consular functions, nor to affect the inviolability of the
consular archives.
Article 19
The said Consuls, Vice Consuls and commercial Agents shall have the
right, as such, to judge in quality of arbitrators, such differences, as may
arise between the masters and crews of the vessels belonging to the nation,
whose interests are committed to their charge, without the interference
of the local authorities, unless the conduct of the crew, or of the Captain,
should disturb the public peace or order of the country, or such Consul, Vice
Consul or commercial Agent should require their assistance, to cause his
decisions to be carried into effect, or supported. Nevertheless, it is under-
stood, that this species of judgment or arbitration shall not deprive the con-
tending parties of the right they have to resort, on their return home, to the
judicial authorities of their own country.
Article 20
The said Consuls, Vice Consuls and commercial Agents, may cause to
be arrested and sent back, either on board or to their own country, sailors
and all other persons, who, making a regular part of the crews of vessels
of the respective nations, and having embarked under some other name than
that of passengers, shall have deserted from the said vessels. For this purpose,
they shall apply to the competent local authorities, proving, by the register
of the vessel, the roll of the crew, or, if the vessel shall have departed, with
a copy of the said papers, duly certified by them, that the persons they claim
formed part of the crew; and on such a reclamation, thus substantiated, the
surrender of the deserter shall not be denied. Every assistance shall also be
1202 THE TWO SICILIES
given to them for the recovery and arrest of such deserters ; and the same shall
be detained and kept in the prisons of the country, at the request and cost
of the Consuls, until the said Consuls shall have found an opportunity to send
them away. It being understood, however, that if such an opportunity shall
not occur in the space of four months from the date of their arrest, the said
deserters shall be set at liberty, and shall not be again arrested for the same
cause. Nevertheless, if the deserter shall be found to have committed any other
crime or offense on shore, his surrender may be delayed by the local author-
ities, until the tribunal before which his case shall be pending, shall have
pronounced its sentence, and until such sentence shall have been carried
into effect.
Article 21
It is agreed that every person, who, being charged with, or condemned
for, any of the crimes enumerated in the following article committed within
the States of one of the High contracting Parties, shall seek asylum in the
States, or on board the vessels of war, of the other party, shall be arrested,
and consigned to justice, on demand made, through the proper diplomatic
channel, by the Government within whose territory the offense shall have
been committed.
This surrender and delivery shall not, however, be obligatory on either
of the High contracting Parties, until the other shall have presented a copy
of the judicial declaration or sentence establishing the culpability of the
fugitive, in case such sentence or declaration shall have been pronounced.
But if such sentence or declaration shall not have been pronounced, then
the surrender may be demanded, and shall be made, when the demanding
Government shall have furnished such proof as would have been sufficient
to justify the apprehension, and commitment for trial, of the accused, if the
offense had been committed in the country, where he shall have taken refuge.
Article 22
Persons shall be delivered up, according to the provisions of this Treaty,
who shall be charged with any of the following crimes, to wit:
Murder (including assassination, parricide, infanticide and poisoning) ;
attempt to commit murder; rape; piracy; arson; the making and uttering
of false money, forgery, including forgery of evidences of public debt, bank
bills and bills of exchange; robbery with violence, intimidation or forcible
entry of an inhabited house; embezzlement by public officers, including
appropriation of public funds; when these crimes are subject, by the Code
of the Kingdom of the Two Sicilies to the punishment della reclusione, or
other severer punishment, and by the laws of the United States to infamous
punishment.
COMMERCE, EXTRADITION— OCTOBER 1, 1855 1203
Article 23
On the part of each country the surrender of fugitives from justice shall
be made only by the authority of the executive thereof. And all expenses
whatever of detention and delivery effected in virtue of the preceding articles
shall be at the cost of the Party making the demand.
Article 24
The citizens and subjects of each of the High contracting Parties, shall
remain exempt from the stipulations of the preceding articles, so far as they
relate to the surrender of fugitive criminals, nor shall they apply to offenses
committed before the date of the present Treaty, nor to offenses of a political
character, unless the political offender shall also have been guilty of some
one of the crimes enumerated in Article 22.
Article 25
The present Treaty shall take effect from the day in which ratifications
shall be exchanged, and shall remain in force for the term of ten years and
further, until the end of twelve months after either of the High contracting
Parties shall have given notice to the other of its intention to terminate the
same; each of the said contracting Parties reserving to itself the right to give
such notice, at the end of said term of ten years, or at any subsequent time.
Article 26
The present Treaty shall be approved and ratified by the President of
the United States of America, by and with the advice and consent of the
Senate thereof, and by His Majesty the King of the Kingdom of the Two
Sicilies; and the ratifications shall be exchanged at Naples, within twelve
months from the date of its signature, or sooner, if possible.
In faith whereof, the respective Plenipotentiaries have signed the foregoing
Articles in the English and Italian languages, and have hereunto affixed the
seals of their arms.
Done in duplicate at the City of Naples, this first day of October, in the
year of our Lord one thousand eight hundred fifty five.
Robert Dale Owen [seal]
Luigi Carafa [seal]
Principe di Comitini [seal]
Giuseppe Mario Arpino [seal]
Declaration
It having been stipulated in Article XI [1 1] of the Treaty of the first Decem-
ber 1845,' that the red and white wines, of every kind, of the Kingdom of the
3TS 363, ante. p. 1189.
1204 THE TWO SICILIES
Two Sicilies, including those of Marsala, which may be imported directly into
the United States of America, whether in vessels of the one or of the other
Country, shall not pay other or higher duties, than the red and white wines of
the most favored nations; and in like manner, that the cottons of the United
States of America which may be imported directly into the Kingdom of the
Two Sicihes, whether in vessels of the one or of the other nation, shall not pay
other or higher duties than the cottons of Egypt, Bengal or the most favored
nations :
And it being agreed in the new Treaty concluded between the United
States of America and the Kingdom of the Two Sicilies, and today signed by
the Undersigned, not only that no duties of Customs shall be paid on mer-
chandise the produce of one of the two Countries imported into the other
Country, other or higher than shall be paid on merchandise of the same kind,
the produce of any other country, but also, that, as to all duties of navigation,
or of Customs, there shall not be made, as to the vessels of the two Countries,
any distinction whatever between direct and indirect navigation :
The Undersigned declare, as to the construction of the new Treaty, from
the day on which the ratifications thereof shall be exchanged, that the red and
white wines, of every kind, of the Kingdom of the Two Sicilies, including the
wine of Marsala, which shall be imported into the United States of America,
shall not pay other or higher duties than are paid by the red and white wines
of the most favored nations.
And, in like manner, that the cottons of the United States which shall be
imported into the Kingdom of the Two Sicilies, shall not pay other or higher
duties, than the cottons of Egypt, Bengal or the most favored nations.
The present Declaration shall be considered as an integral part of the said
new Treaty, and shall be ratified, and the ratifications thereof exchanged, at
the same time as those of the Treaty itself.
In faith whereof the Undersigned have hereunto set their hands, and affixed
the seal of their arms.
Done in duplicate, in the City of Naples this first day of October, in the
year of our Lord one thousand eight hundred and fifty five.
Robert Dale Owen [seal]
Luigi Carafa [seal]
Principe di Comitini [seal]
Giuseppe Mario Arpino [seal]
Union of Soviet Socialist Republics
NAVIGATION AND FISHERIES
ON NORTHWEST COAST
Convention signed at St. Petersburg April 17, 1824
Ratified by Russia May 10, 1824
Senate advice and consent to ratification January 5, 1825
Ratified by the President of the United States January 7, 1825
Ratifications exchanged at Washington January 11, 1825
Entered into force January 1 1, 1825
Proclaimed by the President of the United States January 12, 1825
Fourth article expired April 17, 1834
Third article made obsolete by convention of March 30, 1867 l
8 Stat. 302; Treaty Series 298 2
[TRANSLATION]
In the Name of the Most Holy and Indivisible Trinity.
The President of the United States of America and His Majesty the Em-
peror of all the Russias, wishing to cement the bonds of amity which unite
them and to secure between them the invariable maintenance of a perfect
concord, by means of the present Convention, have named as their Pleni-
potentiaries to this effect, to wit: The President of the United States of
America, Henry Middleton a Citizen of said States, and their Envoy Ex-
traordinary and Minister Plenipotentiary near His Imperial Majesty : and His
Majesty the Emperor of all the Russias, his beloved and faithful Charles Rob-
ert Count of Nesselrode, actual Privy Counsellor, member of the Council of
State, Secretary of State directing the administration of foreign Affairs, actual
Chamberlain, Knight of the order of St. Alexander Nevsky, Grand Cross of
the order of St. Wladimir of the first Class, Knight of that of the white Eagle
lTS 301, post, p. 1216.
* For a detailed study of this convention, see 3 Miller 151.
1205
1206 UNION OF SOVIET SOCIALIST REPUBLICS
of Poland, Grand Cross of the order of St. Stephen of Hungary, Knight of
the orders of the Holy Ghost and of St. Michael, and Grand Cross of the Le-
gion of Honour of France, Knight Grand Cross of the orders of the Black
and of the Red Eagle of Prussia, of the Annunciation of Sardinia, of Charles
III of Spain, of St. Ferdinand and of Merit of Naples, of the Elephant of Den-
mark, of the Polar Star of Sweden, of the Crown of Wirtemberg, of the
Guelphs of Hanover, of the Belgic Lion, of Fidelity of Baden, and of St. Con-
stantine of Parma, and Pierre de Poletica, actual Counsellor of State, Knight
of the order of St. Anne of the first Class, and Grand Cross of the order of St.
Wladimir of the second ; who, after having exchanged their full powers, found
in good and due form, have agreed upon and signed the following stipulations.
Article First
It is agreed that in any part of the Great Ocean, commonly called the
Pacific Ocean, or South-Sea, the respective Citizens or Subjects of the high
contracting Powers shall be neither disturbed nor restrained either in naviga-
tion, or in fishing, or in the power of resorting to the coasts upon points
which may not already have been occupied, for the purpose of trading with
the Natives, saving always the restrictions and conditions determined by the
following articles.
Article Second
With a view of preventing the rights of navigation and of fishing, exercised
upon the Great Ocean by the Citizens and Subjects of the high contracting
Powers from becoming the pretext for an illicit trade, it is agreed, that the
Citizens of the United States shall not resort to any point where there is a
Russian establishment, without the permission of the Governor or Com-
mander; and that, reciprocally, the Subjects of Russia shall not resort, without
permission, to any establishment of the United States upon the North West
Coast.
Article Third 3
It is moreover agreed, that hereafter there shall not be formed by the
Citizens of the United-States, or under the authority of the said States, any
establishment upon the North West Coast of America, nor in any of the
Islands adjacent, to the north of fifty four degrees and forty minutes of north
latitude ; and that in the same manner there shall be none formed by Russian
Subjects or under the authority of Russia south of the same parallel.
Article Fourth 4
It is nevertheless understood that during a term of ten years, counting from
the signature of the present Convention, the ships of both Powers, or which
3 Made obsolete by convention of Mar. 30, 1867 (TS 301, post,p. 1216).
4 Expired Apr. 17, 1834.
NAVIGATION AND FISHERIES— APRIL 17, 1824 1207
belong to their Citizens or Subjects respectively, may reciprocally frequent
without any hindrance whatever, the interior seas, gulfs, harbours and creeks
upon the Coast mentioned in the preceding Article, for the purpose of fishing
and trading with the natives of the country.
Article Fifth
All spirituous liquors, fire-arms, other arms, powder and munitions of war
of every kind, are always excepted from this same commerce permitted by
the preceding Article, and the two Powers engage, reciprocally, neither to
sell, nor suffer them to be sold to the Natives by their respective Citizens and
Subjects, nor by any person who may be under their authority. It is likewise
stipulated that this restriction shall never afford a pretext, nor be advanced,
in any case, to authorize either search or detention of the vessels, seizure of
the merchandize, or, in fine, any measures of constraint whatever towards
the merchants or the crews who may carry on this commerce : the high con-
tracting Powers reciprocally reserving to themselves to determine upon the
penalties to be incurred, and to inflict the punishment, in case of the contra-
vention of this xArticle by their respective Citizens or Subjects.
Article Slxth
When this Convention shall have been duly ratified by the President of
the United-States, with the advice and consent of the Senate on the one part,
and on the other by His Majesty the Emperor of all the Russias, the ratifica-
tions shall be exchanged at Washington in the space of ten months from the
date below, or sooner if possible. In faith whereof the respective Pleni-
potentiaries have signed this Convention, and thereto affixed the Seals of
their Arms.
Done at St. Petersburg the " April, of the year of Grace one thousand
eight hundred and twenty four.
Henry Middleton [seal]
Le Comte Charles de Nesselrode [seal]
Pierre De Poletica [seal]
30S-5S2— 73 78
COMMERCE AND NAVIGATION
Treaty and separate article signed at St. Petersburg December 18, 1832
Ratified by Russia January 8, 1833
Senate advice and consent to ratification February 27, 1833
Ratified by the President of the United States April 8, 1833
Ratifications exchanged at Washington May 11, 1833
Entered into force May 11, 1833
Proclaimed by the President of the United States May 11, 1833
Supplemented by additional article signed at Washington January 27,
1868? and declaration of March 28, 1874 2
Terminated January 1, 1913 3
8 Stat. 444; Treaty Series 299 4
Treaty
In the name of the most Holy and indivisible Trinity
The United States of America, and His Majesty the Emperor of all the
Russias, equally animated with the desire of maintaining the relations of good
understanding, which have hitherto so happily subsisted between their re-
spective States, and of extending and consolidating the commercial inter-
course between them, have agreed to enter into negotiations for the conclusion
of a Treaty of navigation and commerce : For which purpose the President
of the United States has conferred full powers on James Buchanan their
Envoy Extraordinary and Minister Plenipotentiary near His Imperial Maj-
esty; and His Majesty the Emperor of all the Russias has conferred like
powers on the Sieur Charles Robert Count de Nesselrode, His Vice-
Chancellor, Knight of the orders of Russia, and of many others &c: and
the said Plenipotentiaries having exchanged their full powers, found in
good and due form, have concluded and signed the following Articles:
Article I
There shall be between the territories of the high contracting parties, a
reciprocal liberty of commerce and navigation. The inhabitants of their
1 TS 302, post, p. 1220.
2 TS 303, post, p. 1222.
3 Pursuant to notice of termination given by the United States Dec. 17, 1911.
4 For a detailed study of this treaty, see 3 Miller 723.
1208
COMMERCE AND NAVIGATION— DECEMBER 18, 1832 1209
respective States shall mutually have liberty to enter the ports, places, and
rivers of the territories of each party, wherever foreign commerce is permitted.
They shall be at liberty to sojourn and reside in all parts whatsoever of said
territories, in order to attend to their affairs, and they shall enjoy, to that
effect, the same security and protection as natives of the country wherein
they reside, on condition of their submitting to the laws and ordinances there
prevailing, and particularly to the regulations in force concerning commerce.
Article II
Russian vessels arriving either laden or in ballast, in the ports of the United
States of America; and, reciprocally, vessels of the United States arriving
either laden, or in ballast in the ports of the Empire of Russia, shall be treated,
on their entrance, during their stay, and at their departure, upon the same
footing as national vessels, coming from the same place, with respect to the
duties of tonnage. In regard to light house duties, pilotage, and port charges,
as well as to the fees and perquisites of public officers, and all other duties
and charges, of whatever kind or denomination, levied upon vessels of com-
merce, in the name or to the profit of the Government, the local authorities,
or of any private establishments whatsoever, the high contracting parties
shall reciprocally treat each other, upon the footing of the most favored
nations, with whom they have not Treaties now actually in force, regulating
the said duties and charges on the basis of an entire reciprocity.
Article III
All kind of merchandise and articles of commerce, which may be lawfully
imported into the ports of the Empire of Russia, in Russian vessels, may, also,
be so imported in vessels of the United States of America, without paying
other or higher duties or charges, of whatever kind or denomination, levied
in the name, or to the profit of the Government, the local authorities, or of any
private establishments whatsoever, than if the same merchandise or articles
of commerce had been imported in Russian vessels. And, reciprocally, all
kind of merchandise and articles of commerce, which may be lawfully im-
ported into the ports of the United States of America, in vessels of the said
States, may also, be so imported in Russian vessels, without paying other or
higher duties or charges, of whatever kind or denomination, levied in the
name or to the profit of the Government, the local authorities, or of any
private establishments whatsoever, than if the same merchandise or articles
of commerce had been imported in vessels of the United States of America.
Article IV
It is understood that the stipulations contained in the two preceding Arti-
cles, are, to their full extent, applicable to Russian vessels, and their cargoes,
arriving in the ports of the United States of America; and, reciprocally, to
1210 UNION OF SOVIET SOCIALIST REPUBLICS
vessels of the said States and their cargoes, arriving in the ports of the Empire
of Russia, whether the said vessels clear directly from the ports of the country
to which they respectively belong, or from the ports of any other foreign
country.
Article V
All kind of merchandise and articles of commerce, which may be lawfully
exported from the ports of the United States of America in national vessels
may, also, be exported therefrom in Russian vessels, without paying other or
higher duties or charges, of whatever kind or denomination, levied in the
name, or to the profit of the Government, the local authorities, or of any
private establishments whatsoever, than if the same merchandise or articles
of commerce had been exported in vessels of the United States of America.
And, reciprocally, all kind of merchandise and articles of commerce, which
may be lawfully exported from the ports of the Empire of Russia in national
vessels, may also be exported therefrom in vessels of the United States of
America, without paying other or higher duties or charges of whatever kind
or denomination, levied in the name, or to the profit of the Government, the
local authorities, or of any private establishments whatsoever, than if the
same merchandise or articles of commerce had been exported in Russian
vessels.
Article VI
No higher or other duties shall be imposed on the importation into the
United States, of any article, the produce or manufacture of Russia; and
no higher or other duties shall be imposed on the importation into the Empire
of Russia, of any article, the produce or manufacture of the United States,
than are, or shall be, payable on the like article, being the produce or manu-
facture of any other foreign country. Nor shall any prohibition be imposed on
the importation or exportation of any article the produce or manufacture
of the United States, or of Russia, to, or from the ports of the United States, or
to, or from the ports of the Russian Empire, which shall not equally extend
to all other nations.
Article VII
It is expressly understood that the preceding Articles II, III, IV, V, and VI
shall not be applicable to the coastwise navigation of either of the two coun-
tries, which each of the high contracting parties reserves exclusively to itself.
Article VIII
The two contracting parties shall have the liberty of having, in their
respective ports, Consuls, Vice-Consuls, Agents and commissaries of their
own appointment, who shall enjoy the same privileges and powers, as those
of the most favored nations; but if any such Consul shall exercise commerce,
COMMERCE AND NAVIGATION— DECEMBER 18, 1832 1211
they shall be submitted to the same laws and usages to which the private
individuals of their Nation are submitted, in the same place.
The Consuls, Vice-Consuls, and Commercial Agents shall have the right,
as such, to sit as judges and arbitrators in such differences as may arise between
the Captains and crews of the vessels belonging to the nation whose interests
are committed to their charge, without the interference of the local authori-
ties, unless the conduct of the crews, or of the captain, should disturb the
order of the tranquillity of the country; or the said Consuls, Vice-Consuls, or
Commercial Agents should require their assistance to cause their decisions to
be carried into effect or supported. It is, however, understood, that this species
of judgment or arbitration shall not deprive the contending parties of the
right they have to resort, on their return, to the judicial authority of their
Country.
Article IX
The said Consuls, Vice-Consuls, and Commercial Agents, are authorized
to require the assistance of the local authorities, for the search, arrest, deten-
tion and imprisonment of the deserters from the ships of war and merchant
vessels of their country. For this purpose they shall apply to the competent
tribunals, judges, and officers, and shall in writing demand said deserters,
proving by the exhibition of the registers of the vessels, the rolls of the crews, or
by other official documents that such individuals formed part of the crews;
and, this reclamation being thus substantiated, the surrender shall not be
refused.
Such deserters, when arrested, shall be placed at the disposal of the said
Consuls, Vice-Consuls, or Commercial Agents, and may be confined in the
public prisons, at the request and cost of those who shall claim them, in order
to be detained until the time when they shall be restored to the vessels to
which they belonged, or sent back to their own country by a vessel of the
same nation or any other vessel whatsoever. But if not sent back within four
months, from the day of their arrest, they shall be set at liberty, and shall not
be again arrested for the same cause.
However, if the deserter should be found to have committed any crime or
offence, his surrender may be delayed until the tribunal before which his case
shall be depending, shall have pronounced its sentence, and such sentence
shall have been carried into effect.
Article X
The citizens and subjects of each of the high contracting parlies shall have
power to dispose of their personal goods within the jurisdiction of the other,
by testament, donation, or otherwise, and their representatives, being citizens
or subjects of the other party, shall succeed to their said personal goods,
whether by testament or ab intestato, and may take possession thereof, either
by themselves, or by others acting for them, and dispose of the same, at will,
1212 UNION OF SOVIET SOCIALIST REPUBLICS
paying to the profit of the respective Governments, such dues only as the
inhabitants of the country wherein the said goods are, shall be subject to pay
in like cases. And in case of the absence of the representative, such care shall
be taken of the said goods, as would be taken of the goods of a native of the
same country, in like case, until the lawful owner may take measures for re-
ceiving them. And if a question should arise among several claimants, as to
which of them said goods belong, the same shall be decided finally by the
laws and judges of the land wherein the said goods are. And where, on the
death of any person holding real estate, within the territories of one of the
high contracting parties, such real estate would by the laws of the land,
descend on a citizen or subject of the other party, who by reason of alienage
may be incapable of holding it, he shall be allowed the time fixed by the
laws of the country, and in case the laws of the country, actually in force
may not have fixed any such time, he shall then be allowed a reasonable time
to sell such real estate and to withdraw and export the proceeds without
molestation, and without paying to the profit of the respective Governments,
any other dues than those to which the inhabitants of the country wherein
said real estate is situated, shall be subject to pay, in like cases. But this Article
shall not derogate, in any manner, from the force of the laws already pub-
lished, or which may hereafter be published by His Majesty the Emperor of
all the Russias to prevent the emigration of his subjects.
Article XI
If either party shall, hereafter, grant to any other nation, any particular
favor in navigation or commerce, it shall, immediately, become common to
the other party, freely, where it is freely granted to such other nation, or on
yielding the same compensation, when the grant is conditional.
Article XII
The present treaty, of which the effect shall extend, in like manner, to the
Kingdom of Poland, so far as the same may be applicable thereto, shall con-
tinue in force until the first day of January, in the year of our Lord one
thousand Eight hundred and Thirty nine, and if, one year before that day,
one of the high contracting parties, shall not have announced to the other,
by an official notification, its intention to arrest the operation thereof, this
treaty shall remain obligatory one year beyond that day, and so on until the
expiration of the year which shall commence after the date of a similar
notification.
Article XIII
The present Treaty shall be approved and ratified by the President of the
United States of America, by and with the advice and consent of the Senate
of the said States, and by His Majesty the Emperor of all the Russias; and
COMMERCE AND NAVIGATION— DECEMBER 18, 1832 1213
the ratifications shall be exchanged in the City of Washington within the
space of one year, or sooner if possible.
In faith whereof, the respective Plenipotentiaries have signed the present
treaty in duplicate and affixed thereto the seal of their arms.
Done at S* Petersburg the ^ December, in the year of Grace, One
thousand Eight hundred and thirty two.
James Buchanan [seal]
Charles Comte de Nesselrode [seal]
Separate Article
Certain relations of proximity and anterior engagements, having rendered
it necessary for the Imperial Government to regulate the commercial relations
of Russia with Prussia and the Kingdoms of Sweden and Norway by special
stipulations, now actually in force, and which may be renewed hereafter;
which stipulations are, in no manner connected with the existing regulations
for foreign commerce in general; the two high contracting parties, wishing
to remove from their commercial relations every kind of ambiguity or subject
of discussion, have agreed, that the special stipulations granted to the
commerce of Prussia, and of Sweden and Norway, in consideration of
equivalent advantages granted in these countries, by the one to the commerce
of the Kingdom of Poland, and by the other to that of the Grand Dutchy of
Finland, shall not, in any case, be invoked in favor of the relations of
commerce and navigation, sanctioned between the two high contracting
parties by the present Treaty.
The present Separate Article shall have the same force and value as if it
were inserted, word for word, in the Treaty signed this day, and shall be
ratified at the same time.
In faith whereof, we, the undersigned, by virtue of our respective full
powers, have signed the present Separate Article, and affixed thereto the
seals of our arms.
Done at Sl Petersburg the ^ December, in the year of Grace, One
Thousand Eight hundred & thirty two.
James Buchanan [seal]
Charles Comte de Nesselrode [seal]
RIGHTS OF NEUTRALS AT SEA
Convention signed at Washington July 22, 1854
Senate advice and consent to ratification July 25, 1854
Ratified by the President of the United States August 12, 1854
Ratified by Russia September 15, 1854
Ratifications exchanged at Washington October 31, 1854
Entered into force October 31, 1854
Proclaimed by the President of the United States November 1, 1854
Declaration of accession signed by Hawaii March 26, 1855,1 and by
Nicaragua June 9, 1855 2
10 Stat. 1105; Treaty Series 300 3
The United States of America and His Majesty the Emperor of all the
Russias, equally animated with a desire to maintain, and to preserve from all
harm, the relations of good understanding which have at all times so happily
existed between themselves, as also between the inhabitants of their respective
States, have mutually agreed to perpetuate by means of a formal convention,
the principles of the right of neutrals at sea, which they recognize as indis-
pensable conditions of all freedom of navigation and maritime trade. For
this purpose, the President of the United States has conferred full powers on
William L. Marcy, Secretary of State of the United States ; and His Majesty
the Emperor of all the Russias has conferred like powers on Mr. Edward
de Stoeckl, Counsellor of State, Knight of the Orders of Ste. Anne, of the 2d.
Class, of St. Stanislas, of the fourth Class, and of the Iron Crown of Austria,
of the 3d. Class, His Majesty's Charge d' Affaires near the Government of the
United States of America: and said Plenipotentiaries, after having exchanged
their full powers, found in good and due form, have concluded and signed
the following articles :
Article I
The two High Contracting Parties recognize as permanent and immutable
the following principles, to wit:
1 For text, see ante, vol. 8, p. 872.
2 For text, see ante, vol. 10, p. 335.
3 For a detailed study of this convention, see 6 Miller 791.
1214
RIGHTS OF NEUTRALS AT SEA— JULY 22, 1854 1215
1st. That free ships make free goods — that is to say, that the effects or
goods belonging to subjects or citizens of a Power or State at war are free
from capture and confiscation when found on board of neutral vessels, with
the exception of articles contraband of war.
2d. That the property of neutrals on board an enemy's vessel is not subject
to confiscation, unless the same be contraband of war. They engage to apply
these principles to the commerce and navigation of all such powers and States
as shall consent to adopt them on their part as permanent and immutable.
Article II
The two High Contracting Parties reserve themselves to come to an
ulterior understanding as circumstances may require, with regard to the
application and extension to be given, if there be any cause for it, to the
principles laid down in the 1st Article. But they declare from this time that
they will take the stipulations contained in said Article I, as a rule, whenever
it shall become a question, to judge of the rights of neutrality.
Article III
It is agreed by the High Contracting Parties that all Nations which shall
or may consent to accede to the rules of the first Article of this convention,
by a formal declaration stipulating to observe them, shall enjoy the rights
resulting from such accession as they shall be enjoyed and observed by the
two Powers signing this convention. They shall mutually communicate to each
other the results of the steps which may be taken on the subject.
Article IV
The present convention shall be approved and ratified by the President
of the United States of America, by and with the advice and consent of the
Senate of said States, and by His Majesty the Emperor of all the Russias, and
the ratifications of the same shall be exchanged at Washington within the
period of ten months, counting from this day, or sooner, if possible.
In faith whereof, the respective Plenipotentiaries have signed the present
convention, in duplicate, and thereto affixed the seal of their arms.
Done at Washington the twenty-second day of July, the year of grace 1854.
W. L . Marcy [seal]
Edouard Stoeckl [seal]
CESSION OF ALASKA
Convention signed at Washington March 30, 1867
Senate advice and consent to ratification April 9, 1867
Ratified by Russia May 3, 1867
Ratified by the President of the United States May 28, 1867
Ratifications exchanged at Washington June 20, 1867
Entered into force June 20, 1867
Proclaimed by the President of the United States June 20, 1867
15 Stat. 539 ; Treaty Series 301
The United States of America and His Majesty the Emperor of all the
Russias, being desirous of strengthening, if possible, the good understanding
which exists between them, have, for that purpose, appointed as their Pleni-
potentiaries: the President of the United States, William H. Seward, Sec-
retary of State; and His Majesty the Emperor of all the Russias, the Privy
Counsellor Edward de Stoeckl, his Envoy Extraordinary and Minister Pleni-
potentiary to the United States.
And the said Plenipotentiaries, having exchanged their full powers, which
were found to be in due form, have agreed upon and signed the following
articles :
Article I
His Majesty the Emperor of all the Russias agrees to cede to the United
States, by this convention, immediately upon the exchange of the ratifications
thereof, all the territory and dominion now possessed by his said Majesty
on the continent of America and in the adjacent islands, the same being
contained within the geographical limits herein set forth, to wit : The eastern
limit is the line of demarcation between the Russian and the British posses-
sions in North America, as established by the convention between Russia
and Great Britain, of February 28-16, 1825/ and described in Articles III
and IV of said convention, in the following terms:
"Commencing from the southernmost point of the island called Prince
of Wales Island, which point lies in the parallel of 54 degrees 40 minutes
north latitude, and between the 131st and the 1 33d degree of west longitude,
1 For text, see British and Foreign State Papers, vol. 12, p. 38.
1216
CESSION OF ALASKA— MARCH 30, 1867 1217
(meridian of Greenwich,) the said line shall ascend to the north along the
channel called Portland channel, as far as the point of the continent where
it strikes the 56th degree of north latitude; from this last mentioned point,
the line of demarcation shall follow the summit of the mountains situated
parallel to the coast as far as the point of intersection of the 141st degree
of west longitude, (of the same meridian;) and finally, from the said point
of intersection, the said meridian line of the 141st degree, in its prolongation
as far as the Frozen ocean.
"IV. With reference to the line of demarcation laid down in the pre-
ceding article, it is understood —
"1st. That the island called Prince of Wales Island shall belong wholly
to Russia," (now, by this cession, to the United States.)
"2d. That whenever the summit of the mountains which extend in a
direction parallel to the coast from the 56th degree of north latitude to the
point of intersection of the 141st degree of west longitude shall prove to be
at the distance of more than ten marine leagues from the ocean, the limit
between the British possessions and the line of coast which is to belong to
Russia as above mentioned (that is to say, the limit to the possessions ceded
by this convention ) shall be formed by a line parallel to the winding of the
coast, and which shall never exceed the distance of ten marine leagues
therefrom."
The western limit within which the territories and dominion conveyed,
are contained, passes through a point in Behring's straits on the parallel of
sixty-five degrees thirty minutes north latitude, at its intersection by the
meridian which passes midway between the islands of Krusenstern, or Igna-
look, and the island of Ratmanoff, or Noonarbook, and proceeds due north,
without limitation, into the same Frozen ocean. The same western limit,
beginning at the same initial point, proceeds thence in a course nearly south-
west, through Behring's straits and Behring's sea, so as to pass midway
between the northwest point of the island of St. Lawrence and the southeast
point of Cape Choukotski, to the meridian of one hundred and seventy-two
west longitude; thence, from the intersection of that meridian, in a south-
westerly direction, so as to pass midway between the island of Attou and the
Copper island of the Kormandorski couplet or group in the North Pacific
ocean, to the meridian of one hundred and ninety-three degrees west longi-
tude, so as to include in the territory conveyed the whole of the Aleutian
islands east of that meridian.
Article II
In the cession of territory and dominion made by the preceding article,
are included the right of property in all public lots and squares, vacant lands,
and all public buildings, fortifications, barracks, and other edifices which
are not private individual property. It is, however, understood and agreed,
1218 UNION OF SOVIET SOCIALIST REPUBLICS
that the churches which have been built in the ceded territory by the Russian
government, shall remain the property of such members of the Greek Oriental
Church resident in the territory, as may choose to worship therein. Any
government archives, papers, and documents relative to the territory and
dominion aforesaid, which may be now existing there, will be left in the
possession of the agent of the United States; but an authenticated copy
of such of them as may be required, will be, at all times, given by the United
States to the Russian government, or to such Russian officers or subjects,
as they may apply for.
Article III
The inhabitants of the ceded territory, according to their choice, reserving
their natural allegiance, may return to Russia within three years; but if they
should prefer to remain in the ceded territory, they, with the exception of
uncivilized native tribes, shall be admitted to the enjoyment of all the rights,
advantages and immunities of citizens of the United States, and shall be
maintained and protected in the free enjoyment of their liberty, property
and religion. The uncivilized tribes will be subject to such laws and regu-
lations as the United States may, from time to time, adopt in regard to
aboriginal tribes of that country.
Article IV
His Majesty the Emperor of all the Russias shall appoint, with convenient
despatch, an agent or agents for the purpose of formally delivering to a simi-
lar agent or agents appointed on behalf of the United States, the territory,
dominion, property, dependencies and appurtenances which are ceded as
above, and for doing any other act which may be necessary in regard thereto.
But the cession, with the right of immediate possession, is nevertheless to be
deemed complete and absolute on the exchange of ratifications, without
waiting for such formal delivery.
Article V
Immediately after the exchange of the ratifications of this convention, any
fortifications or military posts which may be in the ceded territory, shall be
delivered to the agent of the United States, and any Russian troops which may
be in the territory shall be withdrawn as soon as may be reasonably and con-
veniently practicable.
Article VI
In consideration of the cession aforesaid, the United States agree to pay at
the treasury in Washington, within ten months after the exchange of the
ratifications of this convention, to the diplomatic representative or other agent
of his Majesty the Emperor of all the Russias, duly authorized to receive the
same, seven million two hundred thousand dollars in gold. The cession of ter-
CESSION OF ALASKA— MARCH 30, 1867 1219
ritory and dominion herein made is hereby declared to be free and unincum-
bered by any reservations, privileges, franchises, grants, or possessions, by any
associated companies, whether corporate or incorporate, Russian or any
other, or by any parties, except merely private individual property holders;
and the cession hereby made, conveys all the rights, franchises, and privileges
now belonging to Russia in the said territory or dominion, and appurtenances
thereto.
Article VII
When this Convention shall have been duly ratified by the President of the
United States, by and with the advice and consent of the Senate, on the one
part, and on the other by his Majesty the Emperor of all the Russias, the
ratifications shall be exchanged at Washington within three months from the
date hereof, or sooner, if possible.
In faith whereof, the respective plenipotentiaries have signed this conven-
tion, and thereto affixed the seals of their arms.
Done at Washington, the thirtieth day of March in the year of our Lord
one thousand eight hundred and sixty-seven.
William H. Seward [seal]
Edouard de Stoeckl [seal]
TRADEMARKS
Article signed at Washington January 27, 1868, additional to treaty of
December 18, 1832
Senate advice and consent to ratification July 25, 1868
Ratified by the President of the United States August 14, 1868
Ratifications exchanged at St. Petersburg September 21, 1868
Entered into force September 21, 1868
Proclaimed by the President of the United States October 15, 1868
Supplemented by declaration of March 28, 1874 1
Terminated January 1, 1913 2
16 Stat. 725 ; Treaty Series 302
The United States of America and his Majesty the Emperor of all
the Russias, deeming it advisable that there should be an additional
Article to the Treaty of Commerce between them, of the ^ December
1832,3 have for this purpose named as their Plenipotentiaries, the
President of the United States, William H. Seward, Secretary of
State, and His Majesty the Emperor of all the Russias, the Privy
Councillor, Edward de Stoeckl, accredited as His Envoy Extraordi-
nary and Minister Plenipotentiary to the United States; and the
said Plenipotentiaries, after an examination of their respective full
powers, which were found to be in good and due form, have agreed
to and signed the following:
Additional Article
The High Contracting Parties, desiring to secure complete and efficient
protection to the manufacturing industry of their respective citizens and sub-
jects, agree that any counterfeiting in one of the two countries of the trade
marks affixed in the other on merchandize to show its origin and quality, shall
be strictly prohibited and repressed, and shall give ground for an action of
damages in favor of the injured party, to be prosecuted in the courts of the
country in which the counterfeit shall be proven.
1 TS 303, post, p. 1222.
a Pursuant to notice of termination given by the United States Dec. 17, 1911.
3 TS 299, ante, p. 1208.
1220
TRADEMARKS— JANUARY 27, 1868 1221
The trade marks in which the citizens or subjects of one of the two coun-
tries may wish to secure the right of property in the other, must be lodged
exclusively, to wit, the marks of citizens of the United States, in the Depart-
ment of Manufactures and Inland Commerce, at St. Petersburg, and the
marks of Russian subjects, at the Patent Office in Washington.
This additional Article shall be terminable by either party, pursuant to
the twelfth Article of the Treaty to which it is an addition. It shall be ratified
by the President, by and with the advice and consent of the Senate of the
United States, and by His Majesty, the Emperor of all of the Russias; and
the respective ratifications of the same shall be exchanged at St. Petersburg;
within nine months from the date hereof, or sooner if possible.
In faith whereof, the respective Plenipotentiaries have signed the present
additional Article in duplicate and affixed thereto the seal of their arms.
Done at Washington, the twenty seventh day of January, in the year of
Grace, one thousand eight hundred and sixty-eight.
William H. Seward [seal]
Edouard de Stoeckl [seal]
TRADEMARKS
Declaration signed at St. Petersburg March 28, 1874, supplementing
additional article of January 27, 1868
Entered into force March 28, 1874
Terminated January 1, 1913 1
18 Stat. 829; Treaty Series 303
Declaration
The Government of the United States of America and the Gov-
ernment of His Majesty the Emperor of all the Russias having rec-
ognized the necessity of defining and rendering more efficacious the
stipulations contained in the additional Article of the p£ January
1868,2 to the Treaty of Commerce and Navigation, concluded between
the United States of America and Russia, on the ^ December 1832,3
the undersigned, duly authorized to that effect, have agreed upon
the following arrangements.
Article 1
With regard to marks of goods or of their packages and also with regard
to marks of manufacture and trade, the Citizens of the United States of
America shall enjoy in Russia and Russian subjects shall enjoy in the United
States, the same protection as native citizens.
Article 2
The preceding article, which shall come immediately into operation}
shall be considered as forming an integral part of the Treaty of the
,!■* December 1832, and shall have the same force and duration as the
said Treaty.
In faith whereof the undersigned have drawn up and signed the
present declaration and affixed thereto their seals.
Done in duplicate in the English and Russian languages at St.
Petersburg this |* day of March, 1874.
Marshall Jewell [seal]
gortchacow [seal]
1 Pursuant to notice of termination given by the United States Dec. 17, 1911.
2 TS 302, ante, p. 1220.
3 TS 299, ante, p. 1208.
1222
MEASUREMENT CERTIFICATES FOR VESSELS
Declaration signed at Washington June 6, 1884
Entered into force August 1, 1884
23 Stat. 789; Treaty Series 304
Declaration
The English method for the admeasurement of vessels (the Moorsom sys-
tem) being now in force not only in the United States of America, but also
in the Empire of Russia and the Grand Duchy of Finland, the undersigned,
having been duly authorized by their Governments, hereby declare :
Article I
That American vessels admeasured according to the aforesaid method,
shall be admitted into the ports of Russia and Finland, and likewise that Rus-
sian and Finnish vessels admeasured according to the same system, shall be
admitted into the ports of the United States, without being subjected, for the
payment of navigation dues, to any new admeasurement whatever.
These navigation dues shall be computed according to the net tonnage.
A. Russian certificates of admeasurement issued since
December 20
January
j§55, and Finnish certificates of admeasurement issued since May 31,
1877, shall be recognized in the United States of America without any
formality as regards the net tonnage of sailing or steam vessels.
B. In like manner American certificates of admeasurement sha be
recognized in Russia and Finland without any formality as regards
the tonnage of American sailing vessels. American certificates of ad-
measurement, issued since a'tosTs. 1882, shall be recognized in Russia
and Finland without any formality as regards the net tonnage of Ameri-
can steam vessels. As the American admeasurement regulations which
were in force previously to that date make no deduction for the space
occupied by the machinery and its appurtenances, certificates of
admeasurement of American vessels issued before the act of ^*t's, 1882,1
took effect, shall be recognized in Russian and Finnish ports without
such vessels' being subjected to readmeasurment, but on condition
1 22 Stat. 300.
1223
1224 UNION OF SOVIET SOCIALIST REPUBLICS
that the navigation dues shall be computed according to the gross
tonnage stated in the certificate of admeasurement. The owners or
captains of such vessels shall, nevertheless, if they desire it, have a right
to demand a partial readmeasurement according to Russian or Finnish
rules, in order thereby to secure a reduction of such dues.
C. Inasmuch as the Russian and Finnish regulations are not entirely in
conformity with those of the United States of America in respect to the ad-
measurement of steam vessels, commanders of Russian or Finnish vessels in
American ports, and vice versa, shall have the right to demand the partial
readmeasurement of the space occupied by the machinery, boilers, etc., ac-
cording to the system in force in the port in which they are. The other figures
of the certificate of admeasurement shall be taken as the basis of such read-
measurement.
D. This readmeasurement, executed in accordance with paragraphs B
and C of this article, shall be performed at a rate to be established for this
purpose by the local authorities.
Article II
The above provisions shall likewise be applicable to vessels propelled by
any other mechanical motor.
This declaration shall take effect on the ZVZ°luZl 1884, and shall
remain in force until one of the contracting parties shall have made
known to the other, six months in advance, its intention to cause its
effects to cease.
In testimony whereof the undersigned have affixed their signatures
to this declaration, together with the seals of their arms.
Done in duplicate at Washington, this 2^Z^Z' !884.
Fred'k T. Frelinghuysen [seal]
C. Struve [seal]
EXTRADITION
Convention signed at Washington March 28, 1887
Senate advice and consent to ratification, with amendments, Febru-
ary 6, 1893 1
Ratified by the President of the United States, with amendments,
February 14, 1893 x
Ratified by Russia April 16, 1893
Ratifications exchanged at St. Petersburg April 21, 1893
Proclaimed by the President of the United States June 5, 1893
Entered into force for the United States June 25, 1893
Obsolete
28 Stat. 1071 ; Treaty Series 305
The United States of America and His Majesty the Emperor of all the Rus-
sias having thought proper, with a view to the better administration of justice,
and for the prevention of crime in their respective territories and jurisdictions,
that persons convicted of, or charged with, any of the crimes hereinafter
1 The Senate resolution of advice and consent called for the following amendments:
1. At the end of art. I, after the word "other" insert "Provided, That this shall only
be done upon such evidence of criminality as, according to the laws of the place where the
fugitive or person so charged shall be found, would justify his or her apprehension and
commitment for trial if the crime or offense had been there committed."
2. In the first sentence of art. II, after the word "same" insert "as an accessory be-
fore the fact, provided such attempt or participation is punishable by the laws of both
Countries,".
3. In art. II, numbered para. 1, after the word "manslaughter" strike out "Compris-
ing the wilful or negligent killing of a human being" and insert "when voluntary."
4. Art. II, clause 5, strike out "The crime of forgery, by which is understood the ut-
terance of forged papers, and also the Counterfeiting of" and insert "Forgery; and the
utterance of forged papers, including".
5. Art. II, strike out all of clause 10, and insert in lieu thereof "Wilful or unlawful de-
struction or obstruction of railroads which endangers human life."
6. Strike out all of the second paragraph of art. Ill and insert in lieu thereof "An
attempt against the life of the head of either Government, or against that of any member of
his family, when such attempt comprises the act either of murder or assassination or of
poisoning, or of accessionship thereto, shall not be considered a political offense or an act
connected with such an offense."
7. At the end of art. IX, after the word "time" insert "Provided the Government from
which extradition is sought is not bound by treaty to give preference otherwise."
The text printed here is the amended text as proclaimed by the President.
1225
1226 UNION OF SOVIET SOCIALIST REPUBLICS
enumerated, and having escaped from justice, should, in certain cases, be
reciprocally delivered up, have resolved to conclude a Convention to this
end, and have named as their Plenipotentiaries, to wit:
The President of the United States of America, Thomas F. Bayard, Secre-
tary of State of the United States; and His Majesty the Emperor of all
the Russias, Charles Struve, His Master of the Court, Envoy Extraordinary
and Minister Plenipotentiary near the Government of the United States of
America, and Baron Romain Rosen, His Gentleman in Waiting, Councillor
of State, and Consul-General at New York; who, having communicated to
each other their full powers found to be in good and due form, have agreed
upon the following articles:
Article I
The High Contracting Parties reciprocally agree to surrender to each
other, upon mutual requisitions and according to their respective regulations
and procedure, persons who, being charged with, or convicted of, the com-
mission, in the territory of one of the contracting parties, of any of the crimes
and offenses specified in the following article, shall seek an asylum or be
found within the territory of the other: Provided, That this shall only be
done upon such evidence of criminality as, according to the laws of the place
where the fugitive or person so charged shall be found, would justify his or
her apprehension and commitment for trial if the crime or offense had been
there committed.
Article II
Persons convicted of, or charged with, any of the following crimes, as well
as attempts to commit, or participation in, the same, as an accessory before
the fact, provided such attempt or participation is punishable by the laws
of both countries, shall be delivered up in virtue of the provisions of this
Convention :
1. Murder and manslaughter, when voluntary.
2. Rape, abortion.
3. Arson.
4. Burglary, defined to be the act of breaking, and entering by night,
into the dwelling-house of another, with intent to commit felony; robbery,
defined to be the act of feloniously and forcibly taking from the person of
another money or goods, by violence or putting him in fear; larceny, when
the value of the property stolen shall exceed two hundred dollars, or three
hundred roubles.
5. Forgery; and the utterance of forged papers, including public, sov-
ereign, or governmental acts.
6. The fabrication or circulation of counterfeit money, either coin or
paper, or of counterfeit public bonds, coupons of the public debt, bank
EXTRADITION— MARCH 28, 1887 1227
notes, obligations, or, in general, of any counterfeit title or instrument of
credit ; the counterfeiting of seals and dies, impressions, stamps, and marks of
state and public administrations, and the utterance thereof.
7. The embezzlement of public moneys by public officers or depositaries.
8. Embezzlement by any person or persons, hired or salaried, to the
detriment of their employers, when the value of the property so taken
shall exceed two hundred dollars, or three hundred roubles.
9. Piracy, or mutiny on shipboard, whenever the crew, or part thereof,
shall have taken possession of the vessel by fraud or by violence against the
commander.
10. Wilful or unlawful destruction or obstruction of railroads which
endangers human life.
Article III
If it be made to appear that extradition is sought with a view to try or
punish the person demanded for an offense of a political character, sur-
render shall not take place; nor shall any person surrendered be tried or
punished for any political offense committed previously to his extradition,
nor for any offense other than that for which the extradition was granted;
nor shall the surrender of any person be demanded for an offense committed
prior to the date at which this Convention shall take effect.
An attempt against the life of the head of either Government, or against
that of any member of his family, when such attempt comprises the act either
of murder or assassination or of poisoning, or of accessorship thereto, shall not
be considered a political offense or an act connected with such an offense.
Article IV
The contracting parties shall not be required to deliver up their own citi-
zens or subjects, in virtue of the stipulations of the present Convention.
Article V
If the person demanded be held for trial in the country on which the
demand is made, it shall be optional with the latter to grant extradition, or
to proceed with the trial: Provided, That, unless the trial shall be for the
crime for which the fugitive is claimed, the delay shall not prevent ultimate
extradition.
Article VI
Requisitions for the surrender of fugitives from justice, accused or con-
victed of any of the crimes or offenses hereinbefore mentioned, shall be made
by the diplomatic agent of the demanding Government. In case of the absence
of such agent either from the country or from the seat of Government, such
requisitions may be made by the superior consular officer.
When the person whose surrender is requested shall already have been
1228 UNION OF SOVIET SOCIALIST REPUBLICS
convicted of the crime or offense for which his extradition is demanded, the
demand therefor shall be accompanied by a copy of the judgment of the court
that pronounced the sentence, bearing the seal of said court. The signature
of the judge thereof shall be authenticated by the proper executive officer
of the demanding Government, whose official character shall, in turn, be
attested by the diplomatic agent or superior consular officer of the Govern-
ment on which the demand is made.
When the person whose surrender is asked shall be merely charged with
the commission of an extraditable crime or offense, the application for extra-
dition shall be accompanied by an authenticated copy of the warrant of
arrest or of some other equivalent judicial document issued by a judge
or a magistrate duly authorized to do so ; and likewise by authenticated copies
of the depositions or declarations made before such judge or magistrate and
setting forth the acts with which the fugitive is charged.
Article VII
It shall be lawful for any competent judicial authority of the United
States, upon production of a certificate issued by the Secretary of State,
stating that request has been made by the Imperial Government of Russia
for the provisional arrest of a person convicted or accused of the commission
therein of a crime or offense extraditable under this Convention, and upon
complaint, duly made, that such crime or offense has been so committed,
to issue his warrant for the apprehension of such person. But if the formal
requisition for surrender, with the formal proofs hereinbefore mentioned,
be not made as aforesaid by the diplomatic agent of the demanding Govern-
ment, or, in his absence, by the competent consular officer, within forty days
from the date of the commitment of the fugitive, the prisoner shall be dis-
charged from custody.
And the Imperial Russian Government will, upon request of the Govern-
ment of the United States, transmitted through the diplomatic agent of the
United States, or, in his absence, through the competent consular officer,
secure the provisional arrest of persons convicted or accused of the com-
mission therein of crimes or offenses extraditable under this convention. But
if the formal requisition for surrender, with the formal proofs hereinbefore
mentioned, be not made as aforesaid by the diplomatic agent of the demand-
ing Government, or, in his absence, by the competent consular officer within
forty days from the date of the arrest of the fugitive, the prisoner shall be
discharged from custody.
Article VIII
Articles in the possession of the fugitive that have aided the commission
of the crime or offense, and any article or property which was obtained
through the commission of the crime or offense charged, and, also, any other
article that may serve to convict, shall, if the demand for extradition be
EXTRADITION— MARCH 28, 1887 1229
granted, be delivered to the authorities of the demanding Government, even
where, owing to the death or escape of the fugitive, extradition can not
take place. Such delivery shall also include articles of the character above-
mentioned which the fugitive may have concealed or deposited in the country
of refuge, and which may subsequently be found there. The rights of third
parties to the above-mentioned articles shall, nevertheless, be duly respected,
and they shall be returned to the owners free of expense after the conclusion
of the case.
The right of the Government on which the demand for extradition is
made to temporarily retain such articles, when they may be necessary for
the institution of criminal proceedings occasioned by the same act that has
given rise to the demand for extradition, or by any other act, is admitted.
Article IX
In case the person whose extradition is demanded under the present Con-
vention is also claimed by another Government, preference shall be given to
the Government whose demand shall be earliest in point of time : Provided
the Government from which extradition is sought is not bound by treaty
to give preference otherwise.
Article X
The expense occasioned by the arrest, detention, and transportation of
persons whose extradition is requested shall be borne by the Government
making the application.
Article XI
The present Convention shall be ratified and the ratifications shall be ex-
changed at St. Petersburg as soon as possible.
It shall take effect on the twentieth day after its promulgation in the man-
ner prescribed by the laws in force in the territories of the contracting parties.
It shall remain in force for six months after notice of its termination shall
have been given by either of the contracting parties.
In witness whereof, the respective Plenipotentiaries have signed the present
Convention and have thereunto affixed the seals of their arms.
Done in duplicate, at the city of Washington, on the twenty-eighth day of
March, one thousand eight hundred and eighty-seven.
T. F. Bayard [seal]
c. struve [seal]
Rosen [seal]
FUR SEAL FISHERIES
Agreement signed at Washington May 4, 1894
Entered into force May 4, 1894
Senate advice and consent to ratification May 9, 1894
Proclaimed by the President of the United States May 12, 1894
Superseded by convention signed for Japan, Russia, the United King-
dom, and the United States July 7,1911 1
28 Stat. 1202 ; Treaty Series 307
Agreement between the Government of the United States and
the Imperial Government of Russia for a Modus Vivendi in
relation to the Fur Seal Fisheries in Behring Sea and the
North Pacific Ocean
For the purpose of avoiding difficulties and disputes in regard to the taking
of fur-seal in the waters of Behring Sea and the North Pacific Ocean, and
to aid in the preservation of seal life, the Government of the United States
and the Imperial Government of Russia have entered into the following
temporary agreement, with the understanding that it is not to create a
precedent for the future, and that the contracting parties mutually reserve
entire liberty to make choice hereafter of such measures as may be deemed
best adapted for the protection of the fur-seal species, whether by means
of prohibitive zones, or by the complete prohibition of pelagic sealing, or by
appropriate regulation of seal-hunting in the high seas.
1. The Government of the United States will prohibit citizens of the
United States from hunting fur-seal within a zone of ten nautical miles along
the Russian coasts of Behring Sea, and of the North Pacific Ocean, as well
as within a zone of thirty nautical miles around the Komandorsky (Com-
mander) Islands and Tulienew (Robben) Island, and will promptly use
its best efforts to ensure the observance of this prohibition by citizens and
vessels of the United States.
2. Vessels of the United States engaged in hunting fur-seal in the above-
mentioned zones outside of the territorial waters of Russia may be seized
and detained by the naval or other duly commissioned officers of Russia;
but they shall be handed over as soon as practicable to the naval or other
1 TS 564, ante, vol. 1, p. 804.
1230
FUR SEAL FISHERIES— MAY 4, 1894 1231
commissioned officers of the United States or to the nearest authorities thereof.
In case of impediment or difficulty in so doing, the commander of the
Russian cruiser may confine his action to seizing the ship's papers of the
offending vessels in order to deliver them to a naval or other commissioned
officer of the United States, or to communicate them to the nearest author-
ities of the United States as soon as possible.
3. The Government of the United States agrees to cause to be tried
by the ordinary courts, with all due guarantees of defense, such vessels of
the United States as may be seized, or the ship's papers of which may be
taken, as herein prescribed, by reason of their engaging in the hunting of
fur-seal within the prohibited zones outside of the territorial waters of Russia
aforesaid.
4. The Imperial Russian Government will limit to 30,000 head the
number of fur-seal to be taken during the year 1894, on the coasts of the
Komandorsky (Commander) and Tulienew (Robben) Islands.
5. The present agreement shall have no retroactive force as regards the
seizure of any seal-hunting vessel of the United States by the naval or other
commissioned officers of Russia prior to the conclusion hereof.
6. The present agreement being intended to serve the purpose of a mere
provisional expedient to meet existing circumstances, may be terminated
at will by either party upon giving notice to the other.
In witness whereof, we, Walter Q. Gresham, Secretary of State of the
United States, and Prince Gregoire Cantacuzene, Envoy Extaordinary and
Minister Plenipotentiary of His Majesty the Emperor of all the Russias, have,
on behalf of our respective Governments, signed and sealed this Agreement
in duplicate, and in the English and French languages, in the City of Wash-
ington, this ^ 1894.
Walter Q. Gresham [seal]
Prince Cantacuzene [seal]
308-582—73 7U
CLAIMS: ARREST AND SEIZURE OF VESSELS
Protocol signed at St. Petersburg September 8, 1900
Entered into force September 8, 1900
Terminated on fulfillment of its terms 1
1900 For. Rel. 885
To the Honorable Arbitrator, Mr. T. M. C. Asser,
Counselor of the Ministry for Foreign Affairs of the Kingdom of the
Netherlands, etc., in the arbitration agreed in the notes exchanged between
the representatives of the two high contracting powers, duly authorized to that
effect, dated September 8, 1900, to adjust the differences betwen the Gov-
ernment of the United States of America, party claimant, and the Imperial
Government of Russia, party defendant, relative to the arrest and seizure of
the American vessels the "Cape Horn Pigeon," the "James Hamilton Lewis,"
the "C. H. White," and the "Kate and Anna."
Protocol
The Government of the United States of America and the Imperial Gov-
ernment of Russia, having agreed to invite Mr. Asser, Member of the Council
of State of the Netherlands to act as Arbitrator in connection with the claim of
the schooners "James Hamilton Lewis," "C. H. White," "Kate and Anna,"
their charterers, owners, officers and crews, arising out of their detention or
seizure by Russian cruisers on the charge of having been illegally engaged in
fur-seal fishing and the claim of the whaling bark "Cape Horn Pigeon," her
charterers, owners, officers and crew arising out of her detention or seizure by
a Russian vessel, the undersigned Charge d' Affaires of the United States of
America, having been duly authorized thereto, has the honor to make hereby
the following declaration, in exchange with a similar declaration upon the
part of the Imperial Government of Russia.
The arbitrator shall take cognizance of the claims for indemnity which
have been presented to the Imperial Government of Russia by the Govern-
ment of the United States on behalf of the parties in interest.
It is understood and agreed that this provision is to be construed as per-
1The arbitrator returned awards in favor of the claimants on Nov. 29, 1902 (TS 416;
not printed here).
1232
CLAIMS— SEPTEMBER 8, 1900 1233
mitting the introduction, on both sides, into the testimony submitted to the
arbitrator, of any and all evidence which may have already been presented
or appeared in the correspondence between the official Representatives of the
two high contracting Powers, as well as all evidence relating to the questions
in litigation.
The Party claimant shall present to the abritrator, within three months
from the date of exchange of the present note with an identical one of the
Imperial Government of Russia, a memorandum in support of its claim, and
shall hand immediately a copy thereof to the Party Defendant.
Within three months from the date of the receipt of the said copy, the Party
defendant shall present to the arbitrator a contra-memorandum, of which it
shall hand immediately a copy to the Party claimant.
Within three months after the receipt of such contra-memorandum, the
Party claimant may, if it sees fit to do so, present to the arbitrator a new'
memorandum, of which it shall hand immediately a copy to the Party defend-
ant, and the latter may also, within three months from the receipt thereof,
present to the arbitrator a new contra-memorandum, of which it shall hand
immediately a copy to the Party claimant.
The arbitrator shall be authorized, at the request of either of the Parties,
to extend for a period of not longer than thirty days any of the intervals of
time hereinabove provided for.
After the exchange of memoranda as hereinabove said no communication,
either written or verbal, shall be addressed to the arbitrator, unless he shall
request from the Parties, or either of them, supplementary information to be
given in writing.
The Party so giving information to the arbitrator shall hand immediately
a copy of its communication to the opponent, who may if he thinks fit to do so
present in writing to the arbitrator, within one month from the date of his
receipt thereof, comments relating to the subject matter of the said communi-
cation, and a copy of such comments shall be sent immediately to the Party
opponent.
The arbitrator shall have authority to decide all questions that may arise
in regard to procedure in the course of the arbitration.
The arbitrator shall render his decisions in all the cases within six months
from the date of the delivery to him of the last memorandum or contra-
memorandum provided for in this agreement.
In his decision, which shall be communicated by him to each of the two
Governments interested, the arbitrator following the general principles of
international law and the spirit of international agreements applicable to the
subject, shall determine as to each claim brought against the Imperial Gov-
ernment of Russia, whether such claim is well founded; and, if he decides
affirmatively, whether the facts upon which each of the said claims is based
have been proven.
1234 UNION OF SOVIET SOCIALIST REPUBLICS
It is understood and agreed that this stipulation shall have no retroactive
force, and that the arbitrator shall apply to the cases now in litigation the
principles of international law and of international agreements which were
in force and binding upon the Parties to this litigation at the moment when
the seizures aforementioned took place.
The arbitrator shall fix the amount of any indemnity to be paid by the
Russian Government in respect to the claims presented by the parties in
interest.
If he wishes to do so, without, however, lessening the obligation incumbent
upon the Party claimant to prove the damage suffered, the arbitrator may
invite each Government to appoint a Commercial expert to aid him, in this
capacity, in fixing the amount of the indemnity.
The Government of the United States declares itself ready, in exchange
with a similar agreement upon the part of the Imperial Government of Russia,
to assume all expenses which may or shall be incurred in the presentation of
its side of the case in this matter and to pay one-half of the compensation of
the arbitrator for his services, also to accept as a final judgment the decision
pronounced by the arbitrator within the limits of the present agreement, and
to submit thereto without any reservation whatsoever.
Any amount awarded by the arbitrator in favor of the claimants, or either
of them, shall be paid by the Imperial Government of Russia to the Govern-
ment of the United States within one year from the date of the award.
French being recognized as the official language of the arbitration the
decision of the arbitrator should be rendered in that language.
Done at St. Petersburg in four copies the 26th day of August (8 Septem-
ber), 1900.
Herbert H. D. Peirce
Lamsdorff
CORPORATIONS AND OTHER COMMERCIAL
ASSOCIATIONS
Agreement signed at St. Petersburg June 25, 1904, with an under-
standing
Entered into force June 25, 1904
Senate advice and consent to ratification May 6, 1909,1 with under-
standing
Ratified by the President of the United States, with an understanding,
June 7, 1909 x
Proclaimed by the President of the United States June 15, 1909
36 Stat. 2163 ; Treaty Series 526
Agreement
[translation]
The Government of the United States and the Imperial Russian Govern-
ment having judged that it would be mutually useful to regulate the posi-
tion of Corporations or Stock Companies and other Commercial Associa-
tions, industrial or financial, the undersigned, by virtue of the authority
which has been vested in them, have agreed as follows:
1. Corporations or Stock Companies, and other industrial or financial
commercial organizations, domiciled in one of the two countries, and on the
condition that they have been regularly organized in conformity to the laws
in force in that country, shall be recognized as having a legal existence in
the other country, and shall have therein especially the right to appear before
the courts, whether for the purpose of bringing an action or of defending
themselves against one.
2. In all cases the said Corporations and Companies shall enjoy in the
other country the same rights which are or may be granted to similar com-
panies of other countries.
3. It is understood that the foregoing stipulation or agreement has no
bearing upon the question whether a Society or Corporation organized in
one of the two countries will or will not be permitted to transact its business
1 The U.S. understanding stated that the regulations referred to in the third paragraph
in the agreement as existing in the several countries refer to and include on the part of
the United States the regulations established by and under authority of the several states
of the Union.
1235
1236 UNION OF SOVIET SOCIALIST REPUBLICS
or industry in the other, this permission remaining always subject to the
regulations in this respect existing in the latter country.
This Agreement shall go into force on the 25/12 of June 1904, and shall
only be discontinued one year after its denunciation shall have been made
by one of the parties to the agreement.
Made in duplicate at St. Petersburg, the 25/12 day of June 1904.
Count Lamsdorff [seal]
Robert S. McGormick [seal]
PROTECTION OF TRADEMARKS IN CHINA
Exchange of notes at Peking June 28, 1906
Entered into force June 28, 1906
Obsolete 1
Treaty Series 484
The American Minister to the Russian Minister
Peking, June 28, 1906
Mr. Minister and Dear Colleague: The Government of the United
States being desirous of reaching an understanding with the Government
of Russia for the reciprocal protection against infringement in China by
citizens and subjects of our respective nations of trade-marks duly regis-
tered in the United States and Russia, I am authorized by the Secretary of
State of the United States to inform you that the American consular courts
in China afford protection against infringement in China by American
citizens of trade-marks the property of Russian subjects which have been
duly registered in the United States.
I beg that you will kindly inform me whether like protection will be given
to American citizens in the consular courts of Russia in China against the
infringement by Russian subjects of their trade-marks duly registered in
Russia.
I have the honor to be, my dear colleague, your obedient servant,
W. W. Rockhill
His Excellency D. Pokotilow
Envoy Extraordinary and
Minister Plenipotentiary, etc.
Russian Legation, Peking
The Russian Minister to the American Minister
[translation]
Peking, June 28, 1906
Mr. Minister and dear Colleague: I have the honor to acknowledge
the receipt of your note of to-day's date by which you kindly inform me
^he United States relinquished extraterritorial rights in China by treaty of Jan. 11,
1943 (TS 984, ante, vol. 6, p. 739, CHINA) .
1237
1238 UNION OF SOVIET SOCIALIST REPUBLICS
that the Government of the United States being desirous of reaching an
understanding with the Imperial Government of Russia concerning the
protection in China of trade-marks duly registered in Russia and the United
States, you have been authorized to declare that the American consular
courts in China have jurisdiction in all matters concerning the infringement
by persons subject to the jurisdiction of the United States of trade-marks
the property of Russian subjects which have been duly registered in the
United States.
Being duly authorized by my Government, I have the honor to inform
you that the Imperial Government is equally ready to insure in China through
the Russian consular courts protection for trade-marks the property of
persons subject to the jurisdiction of the United States and duly registered
in Russia which may be infringed by Russian subjects. I deem it necessary,
however, to observe that infringements of trade-marks not being considered
by the American statutes a criminal offense persons subject to the jurisdiction
of the United States having suffered injury can, through reasons of reci-
procity, only claim before the Russian courts indemnification for the damages
sustained by them.
Please accept, Mr. Minister and dear Colleague, the assurance of my
highest consideration.
D. POKOTILOW
His Excellency W. W. Rockhill
Envoy Extraordinary and
Minister Plenipotentiary, etc.
American Legation, Peking
ADVANCEMENT OF PEACE
Treaty signed at Washington October 1, 1914
Senate advice and consent to ratification October 13, 1914
Ratified by Russia December 23, 1914
Ratified by the President of the United States January 23, 1915
Ratifications exchanged at Washington March 22, 1915
Entered into force March 22, 1915
Proclaimed by the President of the United States March 25, 1915
39 Stat. 1622; Treaty Series 616
Treaty for the Settlement of Disputes
The President of the United States of America and His Majesty the Em-
peror of all the Russias, desiring to strengthen the friendly relations which
unite their countries and to serve the cause of general peace, have decided to
conclude a Treaty for these purposes and have consequently appointed their
Plenipotentiaries designated hereinafter, to wit :
The President of the United States of America, the Honorable William
Jennings Bryan, Secretary of State of the United States; and
His Majesty the Emperor of all the Russias, His Excellency G. Bakhmeteff,
Master of His Court and His Ambassador Extraordinary and Plenipotentiary
to the United States of America;
Who, after exhibiting to each other their Full Powers found to be in due
and proper form, have agreed upon the following articles :
Article I
Any differences arising between the Government of the United States of
America and the Imperial Government of Russia, of whatever nature they
may be, shall, when diplomatic proceedings have failed, be submitted for
examination and report to a Permanent International Commission consti-
tuted in the manner prescribed in the following article; likewise the High
Contracting Parties agree not to resort, with respect to each other, to any
acts of force during the examination to be made by the Commission and be-
fore its report is handed in.
1239
308-582—73 80
1240 UNION OF SOVIET SOCIALIST REPUBLICS
Article II
The International Commission shall be composed of five members ap-
pointed as follows: Each Government shall designate two members; the
fifth member shall be designated by common consent and shall not belong to
any of the nationalities already represented on the Commission; he shall
perform the duties of President.
The two Governments shall bear by halves the expenses of the Commission.
The Commission shall be organized within six months from the exchange
of ratifications of the present Convention.
The members shall be appointed for one year and their appointment may
be renewed. They shall remain in office until superseded or reappointed, or
until the work on which they are engaged at the time their office expires is
completed.
Any vacancies which may arise shall be filled in the manner followed for
the original appointment.
Article III
In case a difference should arise between the High Contracting Parties
which is not settled by diplomatic methods, each Party shall have a right to
ask that the examination thereof be intrusted to the International Commis-
sion charged with making a report. Notice shall be given to the President of
the International Commission, who shall at once communicate with his
colleagues.
As regards the procedure which it is to follow, the Commission shall as far
as possible be guided by the provisions contained in articles 9 to 36 of Con-
vention I of The Hague of 1 907.1
The High Contracting Parties agree to afford the Commission, as fully as
they may think possible, all means and all necessary facilities for its examina-
tion and its report.
The work of the Commission shall be completed within one year from the
date on which it has taken jurisdiction of the case, unless the High Con-
tracting Parties should agree to set a different period.
The conclusion of the Commission and the terms of its report shall be
adopted by a majority. The report, signed only by the President acting by
virtue of his office, shall be transmitted by him to each of the Contracting
Parties.
The High Contracting Parties reserve full liberty as to the action to be
taken on the report of the Commission.
1 TS 536, ante, vol. 1, p. 587.
ADVANCEMENT OF PEACE— OCTOBER 1, 1914 1241
Article IV
The present Treaty shall be ratified by the President of the United States of
America, with the advice and consent of the Senate of the United States, and
by His Majesty the Emperor of all the Russias.
It shall go into force immediately after the exchange of ratifications and
shall last five years.
If it has not been denounced at least six months before the expiration of
this period it shall be tacitly renewed for a period of twelve months after
either party shall have notified the other of its intention to terminate it.
In witness whereof, the respective Plenipotentiaries have signed the pres-
ent Treaty and have affixed thereunto their seals.
Done at Washington this 18\°tX 1914-
William Jennings Bryan [seal]
G. Bakhmeteff [seal]
EXPORTATION OF EMBARGOED GOODS
Protocol of agreement signed at Washington September 23, 1915
Entered into force September 23, 1915
Terminated by agreement of August 10 and 31, 1917 l
39 Stat. 1638; Treaty Series 618
In order to facilitate the commercial relations between the United States of
America and Russia, in view of the embargo which has been placed by the
Government of Russia upon the exportation of certain articles from Russia,
the undersigned Robert Lansing, Secretary of State of the United States, and
His Excellency George Bakhmeteff, Ambassador Extraordinary and Plen-
ipotentiary of Russia to the United States, duly authorized thereto by their
respective Governments, have agreed upon the following conditions under
which American citizens or firms may secure release of shipments under
special permission from the Imperial Russian Government, to-wit:
1
Whenever an American merchant or firm desires to make importations
from Russia he or they shall first file an application for such importation
with the Commercial Agent in charge of the New York office of the Bureau
of Foreign and Domestic Commerce of the Department of Commerce of the
United States, which application shall set forth in detail information regard-
ing the proposed importations, the commodities, the character of the goods,
their quantities and values, the methods of payment, and the name of the
Russian export firm, as well as any other details which may be required.
The American importer shall further state in the application his prepared-
ness to file with the proper Russian official in the United States a bond to the
Imperial Russian Government, to the amount of the value of the goods at
the port of importation as of day prior to the date of the execution of the
bond. This bond shall run for a period of at least three years or until the con-
clusion of the war; and the said bond shall guarantee that the commodities,
raw materials, or products manufactured therefrom, which it is desired to
1 Post, p. 1245.
1242
EXPORTATION OF EMBARGOED GOODS— SEPT. 23, 1915 1243
import, shall not be exported from the United States to any country unless
special permission therefor be granted by the Imperial Russian Government
or its representative.
3
Upon the American importer complying with the requirements of condi-
tions numbered one and two, the Commercial Agent in charge of the New
York office of the Bureau of Foreign and Domestic Commerce of the Depart-
ment of Commerce of the United States shall then make inquiries as to the
standing and responsibility of the American importer, and as to such other
details with respect to him as may be deemed to be required ; and should he
find that such importer is satisfactory in all respects, he shall approve the
application and forward it to the Imperial Russian Embassy at Washington
or to its representative.
4
Upon the said application receiving the approval of the Imperial Russian
Embassy or its representative, the Imperial Russian Embassy or it represent-
ative will at once seek by cable the permission of the Imperial Russian Min-
ister of Finance for the exportation of the goods in question, it being under-
stood that the American importer will deposit with the Commercial Agent
in charge of the New York office of the Bureau of Foreign and Domestic
Commerce of the Department of Commerce a sum sufficient to cover all
costs of cabling and incidental expenses. If permission for exportation be
granted by the Imperial Russian Government, the American importer shall
then submit his order to the Commercial Agent in charge of the New York
office of the Bureau of Foreign and Domestic Commerce of the Department
of Commerce for approval and the order shall be made out in such a way
that the goods to be imported shall be consigned to the order of the Secretary
of Commerce of the United States.
When permission for the exportation of the goods shall have been procured
from the Imperial Russian Minister of Finance, the American importer shall
execute his bond and file it with the proper Russian official in the
United States for approval. Upon the receipt of this approval by the Com-
mercial Agent in charge of the New York office of the Bureau of Foreign and
Domestic Commerce of the Department of Commerce the consignment may
be released to the American importer.
6
Should it be found that the terms of the bond have been violated and that
the goods in question have been exported from the United States either in
their original form or in manufactured form, except with the specific ap-
1244 UNION OF SOVIET SOCIALIST REPUBLICS
proval of the Imperial Russian Government or its representative, the bond
shall be forfeited to the Imperial Russian Government.
The Commercial Agent in charge of the New York office of the Bureau of
Foreign and Domestic Commerce of the Department of Commerce shall
transmit to the Imperial Russian Commercial Attache a statement setting
forth the applications which have been made for importations of Russian
goods into the United States and a statement of the actual arrivals of such
goods, and these statements shall be made in triplicate on the first and fif-
teenth of each month.
8
It is understood that in case the Imperial Russian Government does not ap-
prove an application it is not bound in any way to give an explanation of the
reasons of its refusal as these might be justified by considerations of State
policy.
9
It is understood that this agreement shall go into operation on September
23rd, 1915, and shall remain in force during the continuance of the embargo.
If, however, American importers desire to import goods which have been pur-
chased prior to the date above mentioned, such arrangements may be made
under the usual procedure but will be subject to the special approval of the
Imperial Russian Minister of Finance.
In witness whereof the undersigned have hereunto signed their names and
affixed their seals.
Done at Washington this 23rd day of September, 1915.
Robert Lansing [seal]
G. Bakhmeteff [seal]
EXPORTATION OF EMBARGOED GOODS
Exchange of notes at Washington August 10 and 31, 1917
Entered into force August 31, 1917
Department of State files
The Russian Ambassador to the Secretary of State
Russian Embassy
Washington
August 10, 1917
Sir:
I have the honor to submit the following for your consideration :
It would seem desirable to the Provisional Russian Government that cer-
tain of the arrangements which are in force between the Government of the
United States and my Government should be modified and revised, as a
consequence of the Government of the United States having joined the Allies
in the war; particularly the Procotol of Agreement between the United States
and Russia concerning the exportation of embargoed goods now in Russia to
the United States, executed at Washington, September 23, 1915,1 should
be cancelled in view of the fact that the Government of the United States has
taken under its control all exportations to Neutral Countries, thereby pre-
venting the importation of these goods by the enemies of the Allied
Governments.
Expressing by the present the desire of the Russian Government to cancel
this agreement, I have the honor to inform you that the following rules and
regulations of my Government, concerning the same matter, are supposed to
be maintained in force.
1 ) The Russian Government requires a deposit in dollars to be made at
the National City Bank of New York, for the value of the commodity to be
exported from Russia. Consequently, regulations contained in the circular
(copy of which I attach ) 2 issued by the Bureau of Foreign & Domestic Com-
merce under date of August 23, 1916, should remain in effect.
^S 618, ante, p. 1242.
2 Not printed here.
1245
1246 UNION OF SOVIET SOCIALIST REPUBLICS
2) It would also seem advisable to retain the applications which are
made by the American importers to the Bureau of Foreign & Domestic Com-
merce, and which are the basis of requests for permission to export the goods
from Russia. These applications would be entirely for the convenience of the
American importer who could not easily communicate directly with my Gov-
ernment concerning the release of the desired goods. Therefore, I would sug-
gest that a short application (according to the attached form)2 should be
made by the American importer to the Commercial Agent in charge of the
Bureau of Foreign & Domestic Commerce, New York City.
It is understood that if a Russian exporter should give in Russia directly
to my Government the obligation of delivery of the exchange or its dif-
ference, the necessity of filing applications with the Commercial Agent in
charge at New York City, would be obviated.
Should your Excellency agree to the cancellation of the said Agreement of
September 23, 1915, no bonds will be required from the American importers
from the date of the cancellation of the Agreement, and all bonds which are
in the possession of our Commercial Attache will be returned to the American
importers; it is understood that importers have to submit to the Bureau of
Foreign & Domestic Commerce satisfactory written evidence that the goods
imported under said bonds have not been exported from the United States.
A Committee composed of one representative of the Department of Com-
merce and two representatives of the Russian Government, shall decide
whether the evidence submitted by the American importer is satisfactory,
and shall determine whether the bond is to be returned for cancellation
or to be forfeited.
An answer of your Excellency stating the acquiescence of the Government
of the United States to the terms of the present communication will be
deemed as the cancellation of the agreement in question.
Accept, Sir, the assurances of my highest consideration,
G. Bakhmeteff
The Honorable
The Secretary of State
Washington, D.C.
The Secretary of State to the Russian Ambassador
August 31, 1917
Excellency:
I have the honor to acknowledge the receipt of your note of August 10,
1917, indicating the desirability of the cancellation of the Protocol of
Agreement between the United States and Russia concerning the exportation
EXPORTATION OF EMBARGOED GOODS— AUG. 10 AND 31, 1917 1247
of embargoed goods in Russia to the United States, executed at Washington,
September 23, 1915, in view of the control now exercised by the Government
of the United States over exportations to neutral countries and indicating the
procedure to be followed with reference to future applications for permission
to export embargoed goods from Russia and for the cancellation of
outstanding bonds given by American importers upon proof that the goods
imported under said bonds have not been exported from the United States.
The Government of the United States hereby acquiesces in the cancellation
of the Protocol of Agreement of September 23, 1915, and the procedure with
reference to future applications as indicated in your note, it being understood
that bonds will not be required of American importers of Russian embargoed
goods from this date, and that the procedure referred to in your Excellency's
note will be instituted for the cancellation of outstanding bonds and that this
note taken together with your Excellency's note under acknowledgement will
be deemed a cancellation of the Protocol of Agreement in question.
It is suggested that the agent of the Department of Commerce in charge
of the New York branch of the Bureau of Foreign and Domestic Commerce
be the representative of the Department of Commerce upon the committee
to deal with the cancellation of outstanding bonds and copies of Your
Excellency's note of August 10 and this note are being forwarded to the
Secretary of Commerce for the information of that Department.
Accept, Excellency, the renewed assurances of my highest consideration.
Robert Lansing
His Excellency
Mr. Boris Bakhmeteff
Ambassador of Russia
GENERAL RELATIONS
Exchanges of notes at Washington November 16, 1933, between the
President of the United States and the People's Commissar for
Foreign Affairs
Entered into force November 16, 1933
1933 For. Rel. (II) 805 ; Department of
State publication 528
The White House
Washington, November 16, 1933
My dear Mr. Litvinov:
I am very happy to inform you that as a result of our conversations the
Government of the United States has decided to establish normal diplomatic
relations with the Government of the Union of Soviet Socialist Republics and
to exchange ambassadors.
I trust that the relations now established between our peoples may forever
remain normal and friendly, and that our nations henceforth may cooperate
for their mutual benefit and for the preservation of the peace of the world.
I am, my dear Mr. Litvinov,
Very sincerely yours,
Franklin D. Roosevelt
Mr. Maxim M. Litvinov
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
Washington, November 16, 1933
My dear Mr. President :
I am very happy to inform you that the Government of the Union of
Soviet Socialist Republics is glad to establish normal diplomatic relations
with the Government of the United States and to exchange ambassadors.
I, too, share the hope that the relations now established between our
peoples may forever remain normal and friendly, and that our nations hence-
1248
GENERAL RELATIONS— NOVEMBER 16, 1933 1249
forth may cooperate for their mutual benefit and for the preservation of
the peace of the world.
I am, my dear Mr. President,
Very sincerely yours,
Maxim Litvinoff
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
Mr. Franklin D. Roosevelt
President of the United States of America
The White House
Washington, November 16, 1933
My dear Mr. President:
I have the honor to inform you that coincident with the establishment
of diplomatic relations between our two Governments it will be the fixed
policy of the Government of the Union of Soviet Socialist Republics:
1. To respect scrupulously the indisputable right of the United States
to order its own life within its own jurisdiction in its own way and to refrain
from interfering in any manner in the internal affairs of the United States,
its territories or possessions.
2. To refrain, and to restrain all persons in government service and all
organizations of the Government or under its direct or indirect control,
including organizations in receipt of any financial assistance from it, from
any act overt or covert liable in any way whatsoever to injure the tranquility,
prosperity, order, or security of the whole or any part of the United States,
its territories or possessions, and, in particular, from any act tending to incite
or encourage armed intervention, or any agitation or propaganda having as
an aim, the violation of the territorial integrity of the United States, its
territories or possessions, or the bringing about by force of a change in the
political or social order of the whole or any part of the United States, its
territories or possessions.
3. Not to permit the formation or residence on its territory of any
organization or group — and to prevent the activity on its territory of any
organization or group, or of representatives or officials of any organization
or group — which makes claim to be the Government of, or makes attempt
upon the territorial integrity of, the United States, its territories or possessions;
not to form, subsidize, support or permit on its territory military organizations
or groups having the aim of armed struggle against the United States, its
territories or possessions, and to prevent any recruiting on behalf of such
organizations and groups.
4. Not to permit the formation or residence on its territory of any orga-
nization or group — and to prevent the activity on its territory of any orga-
1250 UNION OF SOVIET SOCIALIST REPUBLICS
nization or group, or of representatives or officials of any organization or
group — which has as an aim the overthrow or the preparation for the over-
throw of, or the bringing about by force of a change in, the political or
social order of the whole or any part of the United States, its territories or
possessions.
I am, my dear Mr. President,
Very sincerely yours,
Maxim Litvinoff
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
Mr. Franklin D. Roosevelt
President of the United States of America
The White House
The White House
Washington, November 16, 1933
My dear Mr. Litvtnov:
I am glad to have received the assurance expressed in your note to me
of this date that it will be the fixed policy of the Government of the Union
of Soviet Socialist Republics :
[For terms of policy, see numbered paragraphs in Soviet note, above.]
It will be the fixed policy of the Executive of the United States within
the limits of the powers conferred by the Constitution and the laws of the
United States to adhere reciprocally to the engagements above expressed.
I am, my dear Mr. Litvinov,
Very sincerely yours,
Franklin D. Roosevelt
Mr. Maxim M. Litvinov
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
The White House
Washington, November 16, 1933
My dear Mr. Litvinov:
As I have told you in our recent conversations, it is my expectation that
after the establishment of normal relations between our two countries many
Americans will wish to reside temporarily or permanentiy within the ter-
ritory of the Union of Soviet Socialist Republics, and I am deeply concerned
that they should enjoy in all respects the same freedom of conscience and
religious liberty which they enjoy at home.
GENERAL RELATIONS— NOVEMBER 16, 1933 1251
As you well know, the Government of the United States, since the foun-
dation of the Republic, has always striven to protect its nationals, at home
and abroad, in the free exercise of liberty of conscience and religious worship,
and from all disability or persecution on account of their religious faith or
worship. And I need scarcely point out that the rights enumerated below
are those enjoyed in the United States by all citizens and foreign nationals
and by American nationals in all the major countries of the world.
The Government of the United States, therefore, will expect that nationals
of the United States of America within the territory of the Union of Soviet
Socialist Republics will be allowed to conduct without annoyance or moles-
tation of any kind religious services and rites of a ceremonial nature, includ-
ing baptismal, confirmation, communion, marriage and burial rites, in the
English language, or in any other language which is customarily used in
the practice of the religious faith to which they belong, in churches, houses,
or other buildings appropriate for such service, which they will be given the
right and opportunity to lease, erect or maintain in convenient situations.
We will expect that nationals of the United States will have the right to
collect from their co-religionists and to receive from abroad voluntary offerings
for religious purposes; that they will be entitled without restriction to impart
religious instruction to their children, either singly or in groups, or to have
such instruction imparted by persons whom they may employ for such pur-
pose; that they will be given and protected in the right to bury their dead
according to their religious customs in suitable and convenient places estab-
lished for that purpose, and given the right and opportunity to lease, lay
out, occupy and maintain such burial grounds subject to reasonable sanitary
laws and regulations.
We will expect that religious groups or congregations composed of nationals
of the United States of America in the territory of the Union of Soviet Socialist
Republics will be given the right to have their spiritual needs ministered to
by clergymen, priests, rabbis or other ecclesiastical functionaries who are
nationals of the United States of America, and that such clergymen, priests,
rabbis or other ecclesiastical functionaries will be protected from all disability
or persecution and will not be denied entry into the territory of the Soviet
Union because of their ecclesiastical status.
I am, my dear Mr. Litvinov,
Very sincerely yours,
Franklin D. Roosevelt
Mr. Maxim M. Litvinov
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
1252 UNION OF SOVIET SOCIALIST REPUBLICS
Washington, November 16, 1933
My dear Mr. President:
In reply to your letter of November 16, 1933, I have the honor to inform
you that the Government of the Union of Soviet Socialist Republics as a fixed
policy accords the nationals of the United States within the territory of the
Union of Soviet Socialist Republics the following rights referred to by you :
1. The right to "free exercise of liberty of conscience and religious wor-
ship" and protection "from all disability or persecution on account of their
religious faith or worship".
This right is supported by the following laws and regulations existing in the
various republics of the Union :
Every person may profess any religion or none. All restrictions of rights
connected with the profession of any belief whatsoever, or with the non-
profession of any belief, are annulled. (Decree of Jan. 23, 1918, art. 3.)
Within the confines of the Soviet Union it is prohibited to issue any
local laws or regulations restricting or limiting freedom of conscience, or
establishing privileges or preferential rights of any kind based upon the
religious profession of any person. (Decree of Jan. 23, 1918, art. 2.)
2. The right to "conduct without annoyance or molestation of any kind
religious services and rites of a ceremonial nature".
This right is supported by the following laws :
A free performance of religious rites is guaranteed as long as it does not
interfere with public order and is not accompanied by interference with
the rights of citizens of the Soviet Union. Local authorities possess the
right in such cases to adopt all necessary measures to preserve public order
and safety. (Decree of Jan. 23, 1918, art. 5.)
Interference with the performance of religious rites, in so far as they
do not endanger public order and are not accompanied by infringements
on the rights of others is punishable by compulsory labour for a period up
to six months. (Criminal Code, art. 127.)
3. "The right and opportunity to lease, erect or maintain in convenient
situations" churches, houses or other buildings appropriate for religious
purposes.
This right is supported by the following laws and regulations :
Believers belonging to a religious society with the object of making
provision for their requirements in the matter of religion may lease under
contract, free of charge, from the Sub-District or District Executive Com-
mittee or from the Town Soviet, special buildings for the purpose of wor-
ship and objects intended exclusively for the purposes of their cult.
(Decree of April 8, 1929, art. 10.)
Furthermore, believers who have formed a religious society or a group
of believers may use for religious meetings other buildings which have
GENERAL RELATIONS— NOVEMBER 16, 1933 1253
been placed at their disposal on lease by private persons or by local Soviets
and Executive Committees. Ml rules established for houses of worship
are applicable to these buildings. Contracts for the use of such buildings
shall be concluded by individual believers who will be held responsible
for their execution. In addition, these buildings must comply with the
sanitary and technical building regulations. (Decree of April 8, 1929,
art. 10.)
The place of worship and religious property shall be handed over for
the use of believers forming a religious society under a contract concluded
in the name of the competent District Executive Committee or Town
Soviet by the competent administrative department or branch, or directly
by the Sub-District Executive Committee. (Decree of April 8, 1929,
art. 15.)
The construction of new places of worship may take place at the desire
of religious societies provided that the usual technical building regula-
tions and the special regulations laid down by the People's Commissariat
for Internal Affairs are observed. (Decree of April 8, 1929, art. 45.)
4. "The right to collect from their co-religionists . . . voluntary offer-
ings for religious purposes."
This right is supported by the following law :
Members of groups of believers and religious societies may raise sub-
scriptions among themselves and collect voluntary offerings, both in the
place of worship itself and outside it, but only amongst the members of
the religious association concerned and only for purposes connected with
the upkeep of the place of worship and the religious property, for the
engagement of ministers of religion and for the expenses of their executive
body. Any form of forced contribution in aid of religious associations is
punishable under the Criminal Code. (Decree of April 8, 1929, art. 54.)
5. Right to "impart religious instruction to their children either singly or
in groups or to have such instruction imparted by persons whom they may
employ for such purpose."
This right is supported by the following law:
The school is separated from the Church. Instruction in religious
doctrines is not permitted in any governmental and common schools,
nor in private teaching institutions where general subjects are taught.
Persons may give or receive religious instruction in a private manner.
(Decree of Jan. 23, 1918, art. 9.) ■
Furthermore, the Soviet Government is prepared to include in a consular
convention to be negotiated immediately following the establishment of rela-
tions between our two countries provisions in which nationals of the United
States shall be granted rights with reference to freedom of conscience and the
free exercise of religion which shall not be less favorable than those enjoyed
in the Union of Soviet Socialist Republics by nationals of the nation most
favored in this respect. In this connection, I have the honor to call to your
1254 UNION OF SOVIET SOCIALIST REPUBLICS
attention Article 9 of the Treaty between Germany and the Union of Soviet
Socialist Republics, signed at Moscow October 12, 1925,1 which reads as
follows:
Nationals of each of the Contracting Parties . . . shall be entitled to
hold religious services in churches, houses or other buildings, rented,
according to the laws of the country, in their national language or in any
other language which is customary in their religion. They shall be entitled
to bury their dead in accordance with their religious practice in burial-
grounds established and maintained by them with the approval of the
competent authorities, so long as they comply with the police regulations
of the other Party in respect of buildings and public health.
Furthermore, I desire to state that the rights specified in the above para-
graphs will be granted to American nationals immediately upon the estab-
lishment of relations between our two countries.
Finally, I have the honor to inform you that the Government of the
Union of Soviet Socialist Republics, while reserving to itself the right of
refusing visas to Americans desiring to enter the Union of Soviet Socialist
Republics on personal grounds, does not intend to base such refusals on the
fact of such persons having an ecclesiastical status.
I am, my dear Mr. President,
Very sincerely yours,
Maxim Litvinoff
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
Mr. Franklin D. Roosevelt
President of the United States of America
The White House
Washington, November 16, 1933
My dear Mr. President:
Following our conversations I have the honor to inform you that the
Soviet Government is prepared to include in a consular convention to be
negotiated immediately following the establishment of relations between our
two countries provisions in which nationals of the United States shall be
granted rights with reference to legal protection which shall not be less favor-
able than those enjoyed in the Union of Soviet Socialist Republics by
nationals of the nation most favored in this respect. Furthermore, I desire
to state that such rights will be granted to American nationals immediately
upon the establishment of relations between our two countries.
1 53 League of Nations Treaty Series 7.
GENERAL RELATIONS— NOVEMBER 16, 1933 1255
In this connection I have the honor to call to your attention Article 1 1
and the Protocol to Article 1 1 , of the Agreement Concerning Conditions
of Residence and Business and Legal Protection in General concluded be-
tween Germany and the Union of Soviet Socialist Republics on October 1 2,
1925.
Article 1 1
Each of the Contracting Parties undertakes to adopt the necessary measures to inform
the consul of the other Party as soon as possible whenever a national of the country which
he represents is arrested in his district.
The same procedure shall apply if a prisoner is transferred from one place of detention
to another.
FINAL PROTOCOL
Ad Article 11
1. The Consul shall be notified either by a communication from the person arrested
or by the authorities themselves direct. Such communications shall be made within a period
not exceeding seven times twenty-four hours, and in large towns, including capitals of
districts, within a period not exceeding three times twenty-four hours.
2. In places of detention of all kinds, requests made by consular representatives to
visit nationals of their country under arrest, or to have them visited by their representa-
tives, shall be granted without delay. The consular representative shall not be entitled
to require officials of the courts or prisons to withdraw during his interview with the
person under arrest
I am, my dear Mr. President,
Very sincerely yours,
Maxim Litvinoff
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
Mr. Franklin D. Roosevelt
President of the United States of America
The White House
The White House
Washington, November 16, 1933
My dear Mr. Litvinov :
I thank you for your letter of November 16, 1933, informing me that the
Soviet Government is prepared to grant to nationals of the United States
rights with reference to legal protection not less favorable than those enjoyed
in the Union of Soviet Socialist Republics by nationals of the nation most fa-
vored in this respect. I have noted the provisions of the treaty and protocol
concluded between Germany and the Union of Soviet Socialist Republics on
October 12, 1925.
I am glad that nationals of the United States will enjoy the protection
afforded by these instruments immediately upon the establishment of rela-
tions between our countries and I am fully prepared to negotiate a consular
convention covering these subjects as soon as practicable. Let me add that
1256 UNION OF SOVIET SOCIALIST REPUBLICS
American diplomatic and consular officers in the Soviet Union will be zealous
in guarding the rights of American nationals, particularly the right to a fair,
public and speedy trial and the right to be represented by counsel of their
choice. We shall expect that the nearest American diplomatic or consular of-
ficer shall be notified immediately of any arrest or detention of an American
national, and that he shall promptly be afforded the opportunity to communi-
cate and converse with such national.
I am, my dear Mr. Litvinov,
Very sincerely yours,
Franklin D. Roosevelt
Mr. Maxim M. Litvinov
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
In reply to a question of the President in regard to prosecutions for eco-
nomic espionage, Mr. Litvinov gave the following explanation:
"The widespread opinion that the dissemination of economic information
from the Union of Soviet Socialist Republics is allowed only in so far as this
information has been published in newspapers or magazines, is erroneous.
The right to obtain economic information is limited in the Union of Soviet
Socialist Republics, as in other countries, only in the case of business and pro-
duction secrets and in the case of the employment of forbidden methods
(bribery, theft, fraud, etc.) to obtain such information. The category of busi-
ness and production secrets naturally includes the official economic plans, in
so far as they have not been made public, but not individual reports concern-
ing the production conditions and the general conditions of individual
enterprises.
"The Union of Soviet Socialist Republics has also no reason to complicate
or hinder the critical examination of its economic organization. It naturally
follows from this that every one has the right to talk about economic matters
or to receive information about such matters in the Union, in so far as the in-
formation for which he has asked or which has been imparted to him is not
such as may not, on the basis of special regulations issued by responsible of-
ficials or by the appropriate state enterprises, be made known to outsiders.
(This principle applies primarily to information concerning economic trends
and tendencies.)"
Washington, November 16, 1933
My dear Mr. President:
Following our conversations I have the honor to inform you that the Gov-
ernment of the Union of Soviet Socialist Republics agrees, that, preparatory
GENERAL RELATIONS— NOVEMBER 16, 1933 1257
to a final settlement of the claims and counter claims between the Govern-
ments of the Union of Soviet Socialist Republics and the United States of
America and the claims of their nationals, the Government of the Union of
Soviet Socialist Republics will not take any steps to enforce any decisions of
courts or initiate any new litigations for the amounts admitted to be due or
that may be found to be due it, as the successor of prior Governments of
Russia, or otherwise, from American nationals, including corporations, com-
panies, partnerships, or associations, and also the claim against the United
States of the Russian Volunteer Fleet, now in litigation in the United States
Court of Claims, and will not object to such amounts being assigned and does
hereby release and assign all such amounts to the Government of the United
States, the Government of the Union of Soviet Socialist Republics to be duly
notified in each case of any amount realized by the Government of the United
States from such release and assignment.
The Government of the Union of Soviet Socialist Republics further agrees,
preparatory to the settlement referred to above not to make any claim with
respect to :
(a) judgments rendered or that may be rendered by American courts in
so far as they relate to property, or rights, or interests therein, in which the
Union of Soviet Socialist Republics or its nationals may have had or may
claim to have an interest; or,
(b) acts done or settlements made by or with the Government of the
United States, or public officials in the United States, or its nationals, relat-
ing to property, credits, or obligations of any Government of Russia or na-
tionals thereof.
I am, my dear Mr. President,
Very sincerely yours,
Maxim Litvinoff
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
Mr. Franklin D. Roosevelt
President of the United States of America
The White House
The White House
Washington, November 16, 1933
My dear Mr. Litvinoff:
I am happy to acknowledge the receipt of your letter of November 16,
1933, in which you state that:
[For text of Soviet note, see above.]
1258 UNION OF SOVIET SOCIALIST REPUBLICS
I am glad to have these undertakings by your Government and I shall
be pleased to notify your Government in each case of any amount realized by
the Government of the United States from the release and assignment to it
of the amounts admitted to be due, or that may be found to be due, the
Government of the Union of Soviet Socialist Republics, and of the amount
that may be found to be due on the claim of the Russian Volunteer Fleet.
I am, my dear Mr. Litvinov,
Very sincerely yours,
Franklin D. Roosevelt
Mr. Maxim M. Litvinov
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
Washington, November 16, 1933
My dear Mr. President:
I have the honor to inform you that, following our conversations and fol-
lowing my examination of certain documents of the years 1918 to 1921
relating to the attitude of the American Government toward the expedition
into Siberia, the operations there of foreign military forces and the inviola-
bility of the territory of the Union of Soviet Socialist Republics, the Govern-
ment of the Union of Soviet Socialist Republics agrees that it will waive any
and all claims of whatsoever character arising out of activities of military
forces of the United States in Siberia, or assistance to military forces in
Siberia subsequent to January 1,1918, and that such claims shall be regarded
as finally settled and disposed of by this agreement.
I am, my dear Mr. President,
Very sincerely yours,
Maxim Litvinoff
People's Commissar for Foreign Affairs
Union of Soviet Socialist Republics
Mr. Franklin D. Roosevelt
President of the United States of America
The White House
COMMERCIAL RELATIONS
Exchange of notes at Moscow July 13, 1935, with related notes of
July 11 and 15, 1935
Entered into force July 13, 1935
Extended by agreement of July 1 1 , 1936 1
Expired July 13, 1937
49 Stat. 3805; Executive Agreement Series 81
The American Ambassador to the People's Commissar for Foreign Affairs
Embassy of the
United States of America
Moscow, July 13, 1935
Excellency :
I have the honor to refer to recent conversations in regard to commerce
between the United States of America and the Union of Soviet Socialist
Republics and to the trade agreements program of the United States of
America, and to confirm and to make of record by this note the following
agreement which has been reached between the Governments of our respec-
tive countries:
1 . The duties proclaimed by the President of the United States of America
pursuant to trade agreements entered into with foreign governments or in-
strumentalities thereof under the authority of the Act entitled, "An Act to
Amend the Tariff Act of 1930", approved June 12, 1934,2 shall be applied
to articles the growth, produce, or manufacture of the Union of Soviet Socialist
Republics as long as this Agreement remains in force. It is understood that
nothing in this Agreement shall be construed to require the application to
articles the growth, produce, or manufacture of the Union of Soviet Socialist
Republics of duties or exemptions from duties proclaimed pursuant to any
trade agreement between the United States of America and the Republic of
Cuba, which has been or may hereafter be concluded.
2. On its part, the Government of the Union of Soviet Socialist Republics
will take steps to increase substantially the amount of purchases in the United
1 EAS 96, post, p. 1268.
' 48 Stat. 943.
1259
1260 UNION OF SOVIET SOCIALIST REPUBLICS
States of America for export to the Union of Soviet Socialist Republics of
articles the growth, produce, or manufacture of the United States of America.
3. This Agreement shall come into force on the date of signature thereof.
It shall continue in effect for 1 2 months. Both parties agree that not less than
30 days prior to the expiration of the aforesaid period of 12 months, they
shall start negotiations regarding the extension of the period during which the
present Agreement shall continue in force.
Accept, Excellency, the renewed assurances of my highest consideration.
William C. Bullitt
His Excellency
Maxim M. Litvinov
People's Commissar for Foreign Affairs
Moscow
The People's Commissar for Foreign Affairs to the American Ambassador
Moscow, July "13", 1935
Mr. Ambassador,
I have the honour to refer to recent conversations in regard to commerce
between the Union of Soviet Socialist Republics and the United States of
America and to the trade agreements program of the United States of
America, and to confirm and to make of record by this note the following
agreement which has been reached between the Governments of our respective
countries:
[For terms of agreement, see numbered paragraphs in U.S. note, above.]
Accept, Mr. Ambassador, the renewed assurances of my highest
consideration.
Maxim Litvinoff
Mr. William G. Bullitt
Ambassador of the United States of America
Moscow
The American Ambassador to the People's Commissar for Foreign Affairs
Embassy of the
United States of America
Moscow, July 11, 1935
Excellency:
I have the honor to refer to our recent conversations in regard to com-
merce between the United States of America and the Union of Soviet Socialist
Republics and to ask you to let me know the value of articles the growth,
COMMERCIAL RELATIONS— JULY 13, 1935 1261
produce, or manufacture of the United States of America which the Govern-
ment of the Union of Soviet Socialist Republics intends to purchase in the
United States of America during the next twelve months for export to the
Union of Soviet Socialist Republics.
Accept, Excellency, the renewed assurances of my highest consideration.
William C. Bullitt
His Excellency
Maxim M. Litinov
People's Commissar for Foreign Affairs
Moscow
The People's Commissar for Foreign Affairs to the American Ambassador
Moscow, July "15", 1935
Mr. Ambassador,
In reply to your inquiry regarding the intended purchases by the Union of
Soviet Socialist Republics in the United States of America within the next
twelve months, I have the honour to bring to your knowledge that according
to information received from the People's Commissariat for Foreign Trade
it is intended to purchase in the United States of America during the above
mentioned period American goods to the value of thirty million dollars.
Accept, Mr. Ambassador, the renewed assurances of my highest
consideration.
Maxim Litvinoff
Mr. William C. Bullitt
Ambassador of the United States of America
Moscow
EXECUTION OF LETTERS ROGATORY
Exchange of notes at Moscow November 22, 1935; related note of
January 19, 1937
Entered into force November 22, 1935
49 Stat. 3840 ; Executive Agreement Series 83
Exchange of Notes
The American Ambassador to the People's Commissar for Foreign Affairs
Embassy of the
United States of America
Moscow, November 22, 1935
Excellency:
Confirming conversations between the American Embassy in Moscow
and the People's Commissariat for Foreign Affairs with regard to the desira-
bility of setting forth the procedure followed in our respective countries in
the matter of the execution of letters rogatory issuing out of courts in the other,
I have the honor to inform you of the conditions under which and the manner
in which courts in the United States may execute letters rogatory issuing out
of courts in the Union of Soviet Socialist Republics.
( 1 ) Letters rogatory issuing out of courts in foreign countries are exe-
cuted in the United States in accordance with the pertinent provisions of the
laws of the United States, or of the State or Territory thereof in which resides
the person whose testimony is desired, and in compliance with the rules of
the executing court. The Government of the United States is, accordingly,
not in a position to set forth with precision what may be the requirements of
a particular court in the United States at a given time in respect of the execu-
tion of letters rogatory issuing out of a court in a foreign country. There are
appended, however, copies of the texts of federal statutory provisions now in
force which relate to the taking of testimony under commissions or letters
rogatory addressed by foreign courts to federal courts of the United States.
It is understood that it is the practice of American courts of appropriate
jurisdiction to execute letters rogatory issuing out of foreign courts, if properly
prepared and presented, and that no difficulty is likely to be encountered by
Soviet courts in obtaining the execution of letters rogatory by American
1262
LETTERS ROGATORY— NOVEMBER 22, 1935 1263
courts. However, should a Soviet court encounter such difficulty, my Govern-
ment would, it is understood, upon its attention being drawn thereto through
the diplomatic channel, consider what steps it might appropriately take with
a view to eliminating the difficulty.
( 2 ) With respect to the question of the manner of transmittal of letters
rogatory issuing out of courts in the Union of Soviet Socialist Republics and
addressed to courts in the United States, I have the honor to say that neither
the Department of State nor any other part of the Executive Branch of the
Government of the United States makes a practice of acting as a channel for
the transmittal of letters rogatory issuing out of courts in foreign countries
and addressed to courts in the United States. In some States of the United
States, laws have been enacted requiring letters rogatory to be presented to
the State court by the appropriate consular officer of the country in which
the testimony is to be used. As my Government is of the opinion that this
practice should be generally followed with respect to both Federal and State
courts, letters rogatory issuing out of a court in the Soviet Union for execu-
tion in the United States should be presented to the court to which they are
addressed by the consular officer of the Union of Soviet Socialist Republics
in the United States within whose consular district the court in question is
located.
(3 ) While my Government is not, as has been stated above, in a position
to set forth with precision what the requirements of a particular court in the
United States may be at a given time in respect of the execution of letters
rogatory issuing out of a court in a foreign country, my Government desires
me to suggest the following points which courts in the Union of Soviet Social-
ist Republics may find it advantageous to observe in preparing letters rogatory
for execution in the United States :
(a) The letters rogatory should be addressed by name to the court in
the United States which is to execute them, if that is known ; or they may be
addressed "To any court of competent jurisdiction in the United States".
(b) Requests for the execution of letters rogatory should specify the
name of the court out of which they issue, as well as the names of the parties
to the action in which the testimony called for by the letters rogatory is
desired.
( c ) Requests for the execution of letters rogatory should be accompanied
by English translations thereof and of accompanying documents such as
exhibits and any instructions to the executing court.
With respect to the service of documents on Soviet nationals in the United
States in connection with cases pending in courts in the Soviet Union, my
Government has informed me that, while it cannot undertake to obligate
courts or officials in the United States, no restrictions are known to exist upon
308-582—73 81
1264 UNION OF SOVIET SOCIALIST REPUBLICS
the service of such documents without the application of coercion by Soviet
diplomatic and consular officers in the United States.
Accept, Excellency, the renewed assurances of my highest consideration.
William C. Bullitt
His Excellency
Maxim M. Litvinov
People's Commissar for Foreign Affairs
Moscow
[ENCLOSURE]
Excerpts from Title 28, United States Code
"653. * * * When letters rogatory are addressed from any court of a
foreign country to any district court of the United States, a commissioner of
such district court designated by said court to make the examination of the
witnesses mentioned in said letters, shall have power to compel the witnesses
to appear and depose in the same manner as witnesses may be compelled to
appear and testify in courts. (R. S. § 875; Feb. 27, 1887, C. 69, § 1, 19 Stat.
241)".
Testimony for use in foreign countries
"701. Taking. The testimony of any witness residing within the United
States, to be used in any suit for the recovery of money or property depending
in any court in any foreign country with which the United States are at
peace, and in which the government of such foreign country shall be a party
or shall have an interest, may be obtained, to be used in such suit. If a com-
mission or letters rogatory to take such testimony, together with specific writ-
ten interrogatories, accompanying the same, and addressed to such witness,
shall have been issued from the court in which such suit is pending, on pro-
ducing the same before the district judge of any district where the witness
resides or shall be found, and on due proof being made to such judge that the
testimony of any witness is material to the party desiring the same, such judge
shall issue a summons to such witness requiring him to appear before the
officer or commissioner named in such commission or letters rogatory, to
testify in such suit. And no witness shall be compelled to appear or to testify
under this section except for the purpose of answering such interrogatories
so issued and accompanying such commission or letters. When counsel for
all the parties attend the examination, they may consent that questions in
addition to those accompanying the commission or letters rogatory may be
put to the witness, unless the commission or letters rogatory exclude such
additional interrogatories. The summons shall specify the time and place at
which the witness is required to attend, which place shall be within one
LETTERS ROGATORY— NOVEMBER 22, 1935 1265
hundred miles of the place where the witness resides or shall be served with
such summons. (R. S. § 4071.)
"702. Privilege of witness. No witness shall be required, on such exam-
ination or any other under letters rogatory, to make any disclosure or dis-
covery which shall tend to criminate him either under the laws of the State
or Territory within which such examination is had, or any other, or any
foreign State. (R.S.§4072.)
"703. Punishment of witness for contempt. If any person shall refuse or
neglect to appear at the time and place mentioned in the summons issued, in
accordance with section 701 of this title, or if upon his appearance he shall
refuse to testify, he shall be liable to the same penalties as would be incurred
for a like offense on the trial of a suit in the district court of the United
States. (R.S.§4073.)
"704. Fees and mileage of witnesses. Every witness who shall so appear
and testify shall be allowed, and shall receive from the party at whose instance
he shall have been summoned, the same fees and mileage as are allowed to
witnesses in suits depending in the district courts of the United States. (R. S.
§4074.)"
The People's Commissar for Foreign Affairs to the American Ambassador
Moscow, November "22" 1935
Mr. Ambassador:
Confirming conversations between the People's Commissariat for Foreign
Affairs and the American Embassy in Moscow with regard to the desirability
of setting forth the procedure followed in our respective countries in the matter
of the execution of letters rogatory issuing out of the courts in the other, I have
the honor to inform you of the procedure according to which the courts of the
Union of Soviet Socialist Republics will accept for execution letters rogatory
of courts in the United States of America.
1 . Letters rogatory issuing out of courts in the United States for execu-
tion in the Union of Soviet Socialist Republics should be delivered through
the diplomatic channel, i.e., through the American Embassy in Moscow and
the People's Commissariat for Foreign Affairs, to the appropriate court in the
Union of Soviet Socialist Republics and, when executed, they will be returned
through the same channel.
2. Letters rogatory issued out of a court in the United States forwarded
for execution in the Union of Soviet Socialist Republics should be addressed
to the Supreme Court of that constituent republic which is competent to
execute such letters rogatory. In case the exact title of the Soviet court is un-
known to the court which issues the letters rogatory, the letters rogatory may
1266 UNION OF SOVIET SOCIALIST REPUBLICS
be addressed "to the competent court of the Union of Soviet Socialist
Republics".
3. Requests of courts in the United States for the execution of letters
rogatory addressed to courts in the Union of Soviet Socialist Republics should
specify the name of the court out of which they issue, as well as the names of
the parties to the action in which the testimony called for by the letters roga-
tory is desired.
4. Requests for the execution of letters rogatory should be accompanied
by Russian translations of all the basic documents, such as the interrogatories
themselves and any accompanying instructions to the executing court. It
will be sufficient in the case of documents of secondary importance to forward
short summaries of their contents in the Russian language.
5. Depending upon the nature of the letters rogatory, a fee varying from
five to ten dollars ($5 to $10) will be charged for the execution of letters
rogatory issued out of courts in the United States. In addition to this fee,
remuneration for the services of experts as well as for the travelling expenses
and expenditure of time by witnesses may be requested in individual cases,
such remuneration to be based on rates current at the time as fixed by law
or regulation then existing. Payment of fees and other possible expenses of
the nature referred to above will be effected in dollars by the American Em-
bassy at Moscow upon receipt from the People's Commissariat for Foreign
Affairs of the executed letters rogatory and an appropriate statement setting
forth the amount due, and the fees and services covered thereby.
6. The court in the Union of Soviet Socialist Republics by which the
letters rogatory are executed shall give effect to them in accordance with the
procedural rules obtaining in the Union of Soviet Socialist Republics.
7. The court issuing the letters rogatory shall, if it so desires, be informed
of the date and place where the proceedings will take place, in order that the
interested parties or their legal representatives may, if they desire, be present.
8. The execution of letters rogatory issuing out of a court in the United
States may be refused in whole or in part, if the appropriate authorities in
the Union of Soviet Socialist Republics consider that the execution thereof
would affect its sovereignty or safety. In returning letters rogatory unexecuted
in whole or in part, the authorities refusing such execution shall affix under
seal to the letters rogatory a written statement of the reasons for such refusal.
9. Any difficulties which may arise in connection with a request by a court
in the United States for the execution of letters rogatory in the Union of
Soviet Socialist Republics shall be settled through the diplomatic channel.
While letters rogatory must be transmitted through the diplomatic channel,
American diplomatic and consular institutions may, in connection with cases
pending in the United States courts, serve juridical documents on American
LETTERS ROGATORY— NOVEMBER 22, 1935 1267
nationals within the Union of Soviet Socialist Republics, without the applica-
tion of coercion.
Accept, Mr. Ambassador, the renewed assurances of my highest con-
sideration.
M. Litvinoff
Mr. William C. Bullitt
Ambassador of the
United States of America
Moscow
Related Note
The Vice Director of the Legal Division of the People's Commissariat for
Foreign Affairs to the American Charge d' Affaires ad interim
COMMISSARIAT DU PEUPLE
POUR LES AFFAIRES ETRANGERES
Moscow, January 19, 1937
Dear Mr. Henderson,
Confirming our recent conversation I have the honor to inform you that
in view of legislation now in force in the Union of Soviet Socialist Republics
the payment of fees and other possible expenses to be charged for the execu-
tion of letters rogatory in accordance with the note of the Soviet Government
of November 22, 1935, should be effected in Soviet currency, the amounts
to be paid in rubles to form the equivalent of the fees expressed in dollars in
the above-mentioned note.
Sincerely yours,
M. Plotkin
Mr. Loy W. Henderson
Charge d' Affaires ad interim
of the United States of America
Moscow, U.S.S.R.
COMMERCIAL RELATIONS
Exchange of notes at Moscow July 11, 1936, with related notes of
July 9 and 13, 1936, extending agreement of July 13, 1935
Entered into force July 11, 1936
Expired July 13, 1937
50 Stat. 1433 ; Executive Agreement Series 96
The American Charge d' Affaires ad interim to the Assistant People's
Commissar for Foreign Affairs
Embassy of the
United States of America
Moscow, July 11, 1936
Excellency:
In accordance with the conversations which have taken place, I have the
honor to confirm on behalf of my Government the agreement which has been
reached between the Governments of our respective countries that the agree-
ment regarding commercial relations between the United States of America
and the Union of Soviet Socialist Republics recorded in the exchange of
notes between the American Ambassador and the People's Commissar for
Foreign Affairs on July 13, 1935,1 shall continue in force for another year,
that is, until July 13, 1937.
Accept, Excellency, the renewed assurances of my highest consideration.
Loy W. Henderson
Charge d' Affaires ad interim
of the United States of America
His Excellency
N. N. Krestinski
Assistant People's Commissar for Foreign Affairs
Moscow
*EAS 81, ante, p. 1259.
1268
COMMERCIAL RELATIONS— JULY 11, 1936 1269
The Assistant People's Commissar for Foreign Affairs to the American
Charge d'Affaires ad interim
Moscow, July 11, 1936
Mr. Charge d'affaires :
In accordance with the conversations which have taken place, I have the
honor to confirm on behalf of my Government the agreement which has been
reached between the Governments of our respective countries that the agree-
ment regarding commercial relations between the Union of Soviet Socialist
Republics and the United States of America recorded in the exchange of notes
between the People's Commissar for Foreign Affairs and the American
Ambassador on July 13, 1935, shall continue in force for another year, that is,
until July 13, 1937.
Accept, Mr. Charge d'Affaires, the renewed assurances of my highest
consideration.
N. Krestinski
Assistant People's Commissar
for Foreign Affairs
Mr. Loy W. Henderson
Charge d'Affaires ad interim
of the United States of America
Moscow
The American Charge d'Affaires ad interim to the Assistant People's
Commissar for Foreign Affairs
Embassy of the
United States of America
Moscow, July 9, 1936
Excellency:
I have the honor to refer to our recent conversations in regard to the pro-
longation of the agreement of July 13, 1935, concerning commercial rela-
tions between the United States of America and the Union of Soviet Socialist
Republics and to ask you to let me know the value of articles the growth, pro-
duce, or manufacture of the United States of America which the Government
of the Union of Soviet Socialist Republics intends to purchase in the United
States of America during the next twelve months for export to the Union of
Soviet Socialist Republics.
1270 UNION OF SOVIET SOCIALIST REPUBLICS
Accept, Excellency, the renewed assurances of my highest consideration.
Loy W. Henderson
Charge d' Affaires ad interim
of the United States of America
His Excellency
N. N. Krestinski
Assistant People's Commissar for Foreign Affairs
Moscow
The Assistant People's Commissar for Foreign Affairs to the American
Charge d' Affaires ad interim
Moscow, July 13, 1936
Mr. Charge d'affaires :
In reply to your inquiry regarding the intended purchases by the Union of
Soviet Socialist Republics in the United States of America in the course of the
next twelve months, I have the honor to inform you that, according to in-
formation received by me from the People's Commissariat for Foreign Trade,
the economic organizations of the Union of Soviet Socialist Republics intend
to buy in the United States of America in the course of the next twelve
months American goods in the amount of at least thirty million dollars.
Accept, Mr. Charge d'Affaires, the renewed assurances of my highest
consideration.
N. Krestinski
Assistant People's Commissar
for Foreign Affairs
Mr. Loy W. Henderson
Charge d'Affaires ad interim
of the United States of America
Moscow
COMMERCIAL RELATIONS
Exchange of notes at Moscow August 4, 1937 ; related exchanges
of notes
Proclaimed by the President of the United States August 6, 1937
Approved by the Union of Soviet Socialist Republics August 6, 1937
Entered into force August 6, 1937
Extended by agreement of August 5, 1938; 1 August 2, 1939; 3 August 6,
1940; 3 August 2, 1941; 4 and July 31, 1942 5
Expired August 6, 1943
50 Stat. 1619; Executive Agreement Series 105
Exchange of Notes
The American Ambassador to the People's Commissar for Foreign Affairs
Moscow, August 4,1937
Excellency:
With reference to recent conversations which have taken place in regard
to commerce between the United States of America and the Union of Soviet
Socialist Republics, I have the honor to confirm and to make of record by
this note the following agreement which has been reached between the Gov-
ernments of our respective countries :
One. The United States of America will grant to the Union of Soviet So-
cialist Republics unconditional and unrestricted most-favored-nation treat-
ment in all matters concerning customs duties and charges of every kind and
in the method of levying duties, and, further, in all matters concerning the
rules, formalities and charges imposed in connection with the clearing of
goods through the customs, and with respect to all laws or regulations affect-
ing the sale or use of imported goods within the country.
1 EAS 132; not printed here.
* EAS 151 ; not printed here.
8 EAS 1 79 ; not printed here.
* EAS 215; not printed here.
B EAS 265 ; not printed here.
1271
308-582—73 82
1272 UNION OF SOVIET SOCIALIST REPUBLICS
Accordingly, natural or manufactured products having their origin in the
Union of Soviet Socialist Republics shall in no case be subject, in regard to
the matters referred to above, to any duties, taxes or charges other or higher,
or to any rules or f ormalities other or more burdensome, than those to which
the like products having their origin in any third country are or may hereafter
be subject.
Similarly, natural or manufactured products exported from the territory of
the United States of America and consigned to the territory of the Union of
Soviet Socialist Republics shall in no case be subject with respect to exporta-
tion and in regard to the above-mentioned matters, to any duties, taxes, or
charges other or higher, or to any rules or formalities other or more burden-
some, than those to which the like products when consigned to the territory
of any third country are or may hereafter be subject.
Any advantage, favor, privilege or immunity which has been or may here-
after be granted by the United States of America in regard to the above-men-
tioned matters, to a natural or manufactured product originating in any third
country or consigned to the territory of any third country shall be accorded
immediately and without compensation to the like product originating in or
consigned to the territory of the Union of Soviet Socialist Republics.
It is understood that so long as and in so far as existing law of the United
States of America may otherwise require, the foregoing provisions, in so far
as they would otherwise relate to duties, taxes or charges on coal, coke manu-
factured therefrom, or coal or coke briquettes, shall not apply to such products
imported into the United States of America. If the law of the United States of
America shall not permit the complete operation of the foregoing provisions
with respect to the above-mentioned products, the Union of Soviet Socialist
Republics reserves the right within fifteen days after January 1, 1938, to
terminate this agreement in its entirety on thirty days' written notice.
It is understood, furthermore, that the advantages now accorded or
which may hereafter be accorded by the United States of America, its ter-
ritories or possessions, the Philippine Islands, or the Panama Canal Zone
to one another or to the Republic of Cuba shall be excepted from the
operation of this agreement.
Nothing in this agreement shall be construed to prevent the adoption of
measures prohibiting or restricting the exportation or importation of gold or
silver, or to prevent the adoption of such measures as the Government of the
United States of America may see fit with respect to the control of the export
or sale for export of arms, ammunition, or implements of war, and, in excep-
tional cases, all other military supplies. It is understood that any action which
may be taken by the President of the United States of America under the
authority of Section 2 (b) of the Neutrality Act of 1937 6 in regard to the
•50 Stat. 122.
COMMERCIAL RELATIONS— AUGUST 4, 1937 1273
passage of title to goods shall not be considered as contravening any of the
provisions of this agreement relating to the exportation of natural or manu-
factured products from the territory of the United States of America.
Subject to the requirement that no arbitrary discrimination shall be effected
by the United States of America against importations from the Union of Soviet
Socialist Republics and in favor of those from any third country, the
foregoing provisions shall not extend to prohibitions or restrictions ( 1 ) im-
posed on moral or humanitarian grounds, (2) designed to protect human,
animal, or plant life, (3 ) relating to prison-made goods, or (4) relating to the
enforcement of police or revenue laws.
Two. On its part the Government of the Union of Soviet Socialist Republics
will take steps to increase substantially the amount of purchases in the United
States of America for export to the Union of Soviet Socialist Republics of
articles the growth, produce, or manufacture of the United States of America.
Three. This agreement shall come into force on the day of proclamation
thereof by the President of the United States of America and of approval
thereof by the Soviet of People's Commissars of the Union of Soviet Socialist
Republics, which proclamation and approval shall take place on the same day.
It shall continue in effect for twelve months. Both parties agree that not less
than thirty days prior to the expiration of the aforesaid period of twelve months
they shall start negotiations regarding the extension of the period during
which the present agreement shall continue in force.
Accept, Excellency, the renewed assurances of my highest consideration.
Joseph E. Davies
Ambassador Extraordinary and Plenipotentiary
of the United States of America
His Excellency
Maxim Litvinoff
People's Commissar for Foreign Affairs
Moscow
The People's Commissar for Foreign Affairs to the American Ambassador
Moscow, August 4, 1937
Mr. Ambassador:
With reference to recent conversations which have taken place in regard
to commerce between the Union of Soviet Socialist Republics and the United
States of America, I have the honor to confirm and to make of record by this
note the following agreement which has been reached between the Govern-
ments of our respective countries :
[For text of agreement, see numbered paragraphs in U.S. note, above.]
1274 UNION OF SOVIET SOCIALIST REPUBLICS
Accept, Mr. Ambassador, the renewed assurances of my highest
consideration.
M. Litvinoff
Mr. Joseph E. Davies
Ambassador of the United States of America
Moscow
Related Exchanges of Notes t
The American Ambassador to the People's Commissar for Foreign Affairs
Embassy of the
United States of Amerca
Moscow, August 2,1937
Excellency:
I have the honor to refer to our recent conversations in regard to the com-
merce between the United States of America and the Union of Soviet Social-
ist Republics and to ask you to let me know the value of articles, the growth,
produce, or manufacture of the United States of America which the Govern-
ment of the Union of Soviet Socialist Republics intends to purchase in the
United States of America during the next twelve months for export to the
Union of Soviet Socialist Republics.
Accept, Excellency, the renewed assurances of my highest consideration.
Joseph E. Davies
Ambassador of the United States of America
His Excellency
Maxim Litvinoff
People's Commissar for Foreign Affairs
Moscow
The People's Commissar for Foreign Affairs to the American Ambassador
Moscow, August "5", 1937
Mr. Ambassador:
In reply to your inquiry regarding the intended purchases by the Union
of Soviet Socialist Republics in the United States of America in the course
of the next twelve months, I have the honour to inform you that, according to
information received by me from the People's Commissariat for Foreign
7 Similar notes were exchanged at the time of the extensions of Aug. 5, 1938 (EAS 132),
Aug. 2, 1939 (EAS 151), and Aug. 6, 1940 (EAS 179). In each case the Soviet Union
expressed an intention to buy at least $40,000,000 worth of American goods in the next
12 months and not to export to the United States more than 400,000 tons of Soviet coal.
COMMERCIAL RELATIONS— AUGUST 4, 1937 1275
Trade, the economic organizations of the Union of Soviet Socialist Republics
intend to buy in the United States of America in the course of the next twelve
months American goods to the amount of at least forty million dollars.
Accept, Mr. Ambassador, the renewed assurances of my highest
consideration.
M. Litvinoff
Mr. Joseph E. Da vies
Ambassador of the United States of America
Moscow
The American Ambassador to the People's Commissar for Foreign Affairs
Embassy of the
United States of America
Moscow, August 4, 1937
Excellency:
With reference to the agreement concerning commerce between the United
States of America and the Union of Soviet Socialist Republics which has been
signed today, I have the honor to state that the Embassy has been informed
that in view of the wording of Section 1 of the agreement, the authorities of
the Treasury Department of the United States will hold that coal of all sizes,
grades, and classifications (except culm and duff ) , coke manufactured there-
from, and coal or coke briquettes, imported from the Union of Soviet Social-
ist Republics will be exempt from the excise tax provided in Section 601
(c) (5) of the Revenue Act of 1932, as amended,55 subject, however, to pos-
sible adverse action by the courts.
Accept, Excellency, the renewed assurances of my highest consideration.
Joseph E. Davies
Ambassador of the United States of America
His Excellency
Maxim Litvinoff
People's Commissar for Foreign Affairs
Moscow
The People's Commissar for Foreign Affairs to the American Ambassador
Moscow, August 4, 1937
Dear Mr. Ambassador:
In reply to your inquiry regarding the intended exports of Soviet coal to
the United States during the ensuing twelve months, I may state that, accord-
8 47 Stat. 260, 50 Stat. 358.
1276 UNION OF SOVIET SOCIALIST REPUBLICS
ing to information received by me from the People's Commissariat for For-
eign Trade, the economic organizations of the Union of Soviet Socialist
Republics will not in any case export to the United States during the year
beginning August 6, 1937, more than 400,000 tons of Soviet coal.
Sincerely yours,
M. Litvinoff
Mr. Joseph S. Davies
Ambassador of the United States of America
Moscow
VISITS TO SIBERIA BY AMERICAN ESKIMOS
Soviet memorandum dated at Washington February 7, 1938; exchange
of notes at Washington March 26 and April 18, 1938
Entered into force April 18, 1938
Terminated May 29, 1948 1
Department of State files
The Soviet Embassy to the Department of State
Memorandum
According to information at the disposal of this Embassy every year during
the summer months various settlements of the Chukotsk National Region of
the U.S.S.R. (Wellen, Dezhnev, Chaplino, Naukan and others) are visited
by American Eskimos in groups of 25 to 35 men who come by motorboat
from St. Lawrence Island and Little Diomede Island, territories of the United
States, with the purpose of meeting their relatives, citizens of the U.S.S.R.
In addition to gifts for their relatives the visitors bring for sale seal and
walrus skins, sable furs, raw hides and other products of their craft. They
exchange these products in Soviet trading posts for different consumer goods
( flour, sugar, tobacco, underclothing, etc. ) . For instance, American Eskimos
who came from Little Diomede Island to Cape Dezhnev in the summer of
1937 sold their furs and raw skins for the sum of 2300 rubles and acquired
consumer goods to approximately the same amount.
In view of the foregoing and taking into consideration the fact that until
the present time the arrivals of American Eskimos on Soviet territory have not
been legalized by due procedure, the Government of the U.S.S.R. intends to
introduce the following simplified procedure for temporary stay on Soviet
territory of American Eskimos residing on the above-mentioned islands of the
Bering Straits, territory of the United States of America, provided that these
Eskimos carry certificates issued by local United States authorities which
certify their nationality, occupation and place of permanent residence :
1. The entrance of American Eskimos into the territory of the U.S.S.R.
shall be permitted under condition of possession of group lists or individual
certificates issued by local United States authorities. These certificates (or
1 Pursuant to notice of termination given by the U.S.S.R. May 29, 1948.
1277
1278 UNION OF SOVIET SOCIALIST REPUBLICS
lists) shall be presented for registration at the frontier guard station nearest
to the point of entrance. At places without frontier guards the registration of
Eskimos arriving from the United States shall be performed by the local
Soviets.
2. The registration of the certificates (or lists) shall give the American
Eskimos the right of stay on Soviet territory within a definite limit not to
exceed three months, as well as the right of exit after the expiration of the
permit and of free movement along the coast of the Chukotsk Peninsula and
on the adjacent Soviet islands.
3. The number of American Eskimos arriving at different points in the
Chukotsk National Region shall tentatively not exceed 100 persons during
one year.
4. American Eskimos arriving on Soviet territory to visit their relatives
shall be permitted to bring them as personal gifts walrus, seal and other
skins and other products of their craft. These gifts shall enter in non-com-
mercial quantities, the limits of such quantities to be fixed at the discretion
of the local authorities.
Skins, furs and raw hides entering in commercial quantities shall be
brought to the nearest Soviet trading station to be exchanged for different
consumer goods which in these cases the trading station shall sell to the native
Soviet citizens for exchange with skins and furs. The prices for this exchange
of goods shall be fixed by mutual agreement of those trading.
5. The following goods shall not be permitted to be imported into the
territory of the U.S.S.R. :
a) firearms of all kinds including hunting rifles in personal possession
b ) narcotics
c) Soviet currency
d) printed matter
e ) liquor and wines
f ) objects of religious worship (with the exception of those in the personal
use of the visitors)
6. The following goods shall not be permitted to be exported from the
territory of the U.S.S.R. :
a) firearms including hunting rifles
b) Soviet and foreign currency (with the exception of those amounts of
foreign currency which are brought by the American Eskimos and registered
by them with the local authorities of the nearest settlement)
c) valuable furs (with the exception of a reasonable quantity found to
be in the personal use of the visitors and received by them as gifts from their
relatives, Soviet citizens. These quantities are to be established by the local
authorities).
February 7, 1938
AMERICAN ESKIMOS— FEB. 7, MAR. 26, AND APR. 18, 1938 1279
Exchange of Notes
The Secretary of State to the Soviet Ambassador
The Secretary of State presents his compliments to His Excellency the Am-
bassador of the Union of Soviet Socialist Republics and has the honor to refer
to the memorandum dated February 7, left at the Department by the Am-
bassador, with respect to the desire of the Soviet Government to establish a
certain procedure governing the visits to the Siberian mainland of American
Eskimos residing on St. Lawrence Island and Little Diomede Island.
The contents of this memorandum have been brought to the attention of the
competent authorities of this Government, who have expressed themselves
as being in accord with the desire of the Soviet Government to regularize the
temporary visits of American Eskimos to Siberia and with the procedure
which has been suggested by the Ambassador with a view to achieving this
end.
The Eskimos residing on St. Lawrence and Little Diomede Islands in Bering
Strait are quite isolated from contact with Eskimos and whites residing on the
mainland of Alaska. The only representatives of the United States Govern-
ment on these two islands are teachers and a nurse employed by the Office
of Indian Affairs of the Department of the Interior.
The teachers in charge of the American Indian Service schools on St.
Lawrence Island and on Litde Diomede Island will be instructed to prepare
and to issue to such Eskimos under their jurisdiction as may wish to make
temporary visits to Siberia during the summer months, group lists or individ-
ual certificates setting forth their names, occupations, and places of perma-
nent residence. They also will be instructed to advise the Eskimos to take
these documents with them when they visit Siberia and to present them to
the Soviet authorities upon demand.
Department of State
Washington
March 26, 1938
The Soviet Ambassador to the Secretary of Slate
The Ambassador of the Union of Soviet Socialist Republics presents his
compliments to the Secretary of State and has the honor to acknowledge
receipt of his note dated March 26th stating that the contents of the memo-
randum of February 7 left at the Department by the Ambassador, with re-
spect to the desire of the Soviet Government to establish a certain procedure
governing the visits to the Siberian mainland of American Eskimos residing
on St. Lawrence Island and Little Diomede Island, have been brought to the
attention of the competent authorities of the United States Government.
1280 UNION OF SOVIET SOCIALIST REPUBLICS
It has been noted by the Ambassador that the United States authorities
have expressed themselves as being in accord with the desire of the Soviet
Government to regularize the temporary visits of the American Eskimos to
Siberia and with the procedure which has been suggested by the Ambassador
with a view to achieving this end.
The Ambassador of the
Union of Soviet Socialist Republics
Washington, D.C.
April 18, 1938
LEND LEASE l
Agreement and exchange of notes signed at Washington June 11, 1942
Entered into force June 11, 1942
56 Stat. 1500; Executive Agreement Series 253
Agreement
Whereas the Governments of the United States of America and the Union
of Soviet Socialist Republics declare that they are engaged in a cooperative
undertaking, together with every other nation or people of like mind, to the
end of laying the bases of a just and enduring world peace securing order
under law to themselves and all nations ;
And whereas the Governments of the United States of America and the
Union of Soviet Socialist Republics, as signatories of the Declaration by
United Nations of January 1, 1942,2 have subscribed to a common program
of purposes and principles embodied in the Joint Declaration, known as the
Atiantic Charter, made on August 14, 1941 3 by the President of the United
States of America and the Prime Minister of the United Kingdom of Great
Britain and Northern Ireland, the basic principles of which were adhered to
by the Government of the Union of Soviet Socialist Republics on Septem-
ber 24, 1941; 4
And whereas the President of the United States of America has deter-
mined, pursuant to the Act of Congress of March 11, 1941,5 that the defense
of the Union of Soviet Socialist Republics against aggression is vital to the de-
fense of the United States of America;
And whereas the United States of America has extended and is continuing
to extend to the Union of Soviet Socialist Republics aid in resisting
aggression ;
And whereas it is expedient that the final determination of the terms and
conditions upon which the Government of the Union of Soviet Socialist Re-
*See also lend-lease settlements in agreements of Oct. 15, 1945 (7 UST 2819; TIAS
3662) ; Sept. 27, 1949 (TIAS 2060, post, p. 1295); Mar. 26, 1954 (5 UST 1067; TIAS
2990); Dec. 22, 1954 (6 UST 51; TIAS 3168); May 26, 1955 (6 UST 3825; TIAS
3384); and Oct. 18, 1972 (TIAS 7478).
s EAS 236, ante, vol. 3, p. 697.
3 EAS 236, ante, vol. 3, p. 686.
4 For background, see Department of State Bulletin, Sept. 27, 1941, p. 233.
s 55 Stat. 31.
1281
1282 UNION OF SOVIET SOCIALIST REPUBLICS
publics receives such aid and of the benefits to be received by the United
States of America in return therefor should be deferred until the extent of
the defense aid is known and until the progress of events makes clearer the
final terms and conditions and benefits which will be in the mutual interests
of the United States of America and the Union of Soviet Socialist Republics
and will promote the establishment and maintenance of world peace ;
And whereas the Governments of the United States of America and the
Union of Soviet Socialist Republics are mutually desirous of concluding now
a preliminary agreement in regard to the provision of defense aid and in
regard to certain considerations which shall be taken into account in deter-
mining such terms and conditions and the making of such an agreement has
been in all respects duly authorized, and all acts, conditions and formalities
which it may have been necessary to perform, fulfill or execute prior to the
making of such an agreement in conformity with the laws either of the
United States of America or of the Union of Soviet Socialist Republics have
been performed, fulfilled or executed as required;
The undersigned, being duly authorized by their respective Governments
for that purpose, have agreed as follows :
Article I
The Government of the United States of America will continue to supply
the Government of the Union of Soviet Socialist Republics with such defense
articles, defense services, and defense information as the President of the
United States of America shall authorize to be transferred or provided.
Article II
The Government of the Union of Soviet Socialist Republics will continue
to contribute to the defense of the United States of America and the strength-
ening thereof and will provide such articles, services, facilities or information
as it may be in a position to supply.
Article III
The Government of the Union of Soviet Socialist Republics will not with-
out the consent of the President of the United States of America transfer
title to, or possession of, any defense article or defense information trans-
ferred to it under the Act of March 11, 1941, of the Congress of the United
States of America or permit the use thereof by anyone not an officer, em-
ployee, or agent of the Government of the Union of Soviet Socialist Republics.
Article IV
If, as a result of the transfer to the Government of the Union of Soviet
Socialist Republics of any defense article or defense information, it becomes
necessary for that Government to take any action or make any payment in
order fully to protect any of the rights of a citizen of the United States of
America who has patent rights in and to any such defense article or informa-
LEND-LEASE— JUNE 11, 1942 1283
tion, the Government of the Union of Soviet Socialist Republics will take
such action or make such payment when requested to do so by the President
of the United States of America.
Article V
The Government of the Union of Soviet Socialist Republics will return to
the United States of America at the end of the present emergency, as deter-
mined by the President of the United States of America, such defense articles
transferred under this Agreement as shall not have been destroyed, lost or
consumed and as shall be determined by the President to be useful in the
defense of the United States of America or of the Western Hemisphere or to
be otherwise of use to the United States of America.
Article VI
In the final determination of the benefits to be provided to the United
States of America by the Government of the Union of Soviet Socialist Repub-
lics full cognizance shall be taken of all property, services, information,
facilities, or other benefits or considerations provided by the Government of
the Union of Soviet Socialist Republics subsequent to March 11, 1941, and
accepted or acknowledged by the President on behalf of the United States
of America.
Article VII
In the final determination of the benefits to be provided to the United
States of America by the Government of the Union of Soviet Socialist Repub-
lics in return for aid furnished under the Act of Congress of March 11, 1941,
the terms and conditions thereof shall be such as not to burden commerce
between the two countries, but to promote mutually advantageous economic
relations between them and the betterment of world-wide economic relations.
To that end, they shall include provision for agreed action by the United
States of America and the Union of Soviet Socialist Republics, open to par-
ticipation by all other countries of like mind, directed to the expansion, by
appropriate international and domestic measures, of production, employ-
ment, and the exchange and consumption of goods, which are the material
foundations of the liberty and welfare of all peoples ; to the elimination of all
forms of discriminatory treatment in international commerce, and to the
reduction of tariffs and other trade barriers; and, in general, to the attain-
ment of all the economic objectives set forth in the Joint Declaration made
on August 14, 1941, by the President of the United States of America and
the Prime Minister of the United Kingdom, the basic principles of which
were adhered to by the Government of the Union of Soviet Socialist Repub-
lics on September 24, 1941.
At an early convenient date, conversations shall be begun between the two
Governments with a view to determining, in the light of governing economic
1284 UNION OF SOVIET SOCIALIST REPUBLICS
conditions, the best means of attaining the above-stated objectives by their own
agreed action and of seeking the agreed action of other like-minded
Governments.
Article VIII
This Agreement shall take effect as from this day's date. It shall continue in
force until a date to be agreed upon by the two Governments.
Signed and sealed at Washington in duplicate this eleventh day of June,
1942.
For the Government of the United States of America :
Cordell Hull [seal]
Secretary of State
of the United States of America
For the Government of the Union of Soviet Socialist Republics :
Maxim Litvinoff [seal]
Ambassador of the Union of Soviet
Socialist Republics at Washington
Exchange of Notes
The Secretary of State to the Soviet Ambassador
Department of State
Washington
June 11, 1942
Excellency:
In connection with the signature on this date of the Agreement between our
two Governments on the Principles Applying to Mutual Aid in the Prosecu-
tion of the War Against Aggression, I have the honor to confirm our under-
standing that this Agreement replaces and renders inoperative the two prior
arrangements on the same subject between our two Governments, the most
recent of which was expressed in the exchange of communications between
the President and Mr. Stalin dated respectively February 13, February 20,
and February 23, 1942.6
Accept, Excellency, the renewed assurances of my highest consideration.
Cordell Hull
Secretary of State
of the United States of America
His Excellency
Maxim Litvtnoff
Ambassador of the Union
of Soviet Socialist Republics
9 1942 For. Rel., vol. Ill, p. 690.
LEND-LEASE— JUNE 11, 1942 1285
The Soviet Ambassador to the Secretary of State
June 11, 1942
EMBASSY OF THE
UNION OF SOVIET SOCIALIST REPUBLICS
WASHINGTON, D.C.
Excellency:
[For text of identical note, see U.S. note, above.]
Maxim Litvinoff
Ambassador of the Union of Soviet
Socialist Republics in Washington
His Excellency
Cordell Hull
Secretary of State of the United States of America
Washington, D.C.
CARE AND REPATRIATION OF LIBERATED
PRISONERS OF WAR AND CIVILIANS
Agreement signed at Yalta February 11, 1945
Entered into force February 11, 1945
59 Stat. 1874; Executive Agreement Series 505
Agreement Relating to Prisoners of War and Civilians Liberated by
Forces Operating under Soviet Command and Forces Operating
under United States of America Command
The Government of the United States of America on the one hand and
the Government of the Union of Soviet Socialist Republics on the other hand,
wishing to make arrangements for the care and repatriation of United States
citizens freed by forces operating under Soviet command and for Soviet
citizens freed by forces operating under United States command, have agreed
as follows : —
Article 1
All Soviet citizens liberated by the forces operating under United States
command and all United States citizens liberated by the forces operating
under Soviet command will, without delay after their liberation, be separated
from enemy prisoners of war and will be maintained separately from them in
camps or points of concentration until they have been handed over to the
Soviet or United States authorities, as the case may be, at places agreed upon
between those authorities.
United States and Soviet military authorities will respectively take the
necessary measures for protection of camps, and points of concentration
from enemy bombing, artillery fire, etc.
Article 2
The contracting parties shall ensure that their military authorities shall
without delay inform the competent authorities of the other party regarding
citizens of the other contracting party found by them, and will at the same
time take the necessary steps to implement the provisions of this agreement.
Soviet and United States repatriation representatives will have the right of
immediate access into the camps and points of concentration where their
1286
LIBERATED PRISONERS AND CIVILIANS— FEB. 11, 1945 1287
citizens are located and they will have the right to appoint the internal ad-
ministration and set up the internal discipline and management in accordance
with the military procedure and laws of their country.
Facilities will be given for the despatch or transfer of officers of their own
nationality to camps or points of concentration where liberated members
of the respective forces are located and there are insufficient officers. The out-
side protection of and access to and from the camps or points of concentration
will be established in accordance with the instructions of the military com-
mander in whose zone they are located, and the military commander shall
also appoint a commandant, who shall have the final responsibility for the
overall administration and discipline of the camp or point concerned.
The removal of camps as well as the transfer from one camp to another of
liberated citizens will be effected by agreement with the competent Soviet or
United States authorities. The removal of camps and transfer of liberated
citizens may, in exceptional circumstances, also be effected without prelim-
inary agreement provided the competent authorities are immediately notified
of such removal or transfer with a statement of the reasons. Hostile propa-
ganda directed against the contracting parties or against any of the United
Nations will not be permitted.
Article 3
The competent United States and Soviet authorities will supply liberated
citizens with adequate food, clothing, housing and medical attention both
in camps or at points of concentration and en route, and with transport
until they are handed over to the Soviet or United States authorities at places
agreed upon between those authorities. The standards of such food, clothing,
housing and medical attention shall, subject to the provisions of Article 8,
be fixed on a basis for privates, non-commissioned officers and officers. The
basis fixed for civilians shall as far as possible be the same as that fixed for
privates.
The contracting parties will not demand compensation for these or other
similar services which their authorities may supply respectively to liberated
citizens of the other contracting party.
Article 4
Each of the contracting parties shall be at liberty to use in agreement with
the other party such of its own means of transport as may be available for
the repatriation of its citizens held by the other contracting party. Similarly
each of the contracting parties shall be at liberty to use in agreement with
the other party its own facilities for the delivery of supplies to its citizens held
by the other contracting party.
1288 UNION OF SOVIET SOCIALIST REPUBLICS
Article 5
Soviet and United States military authorities shall make such advances
on behalf of their respective governments to liberated citizens of the other
contracting party as the competent Soviet and United States authorities shall
agree upon beforehand.
Advances made in currency of any enemy territory or in currency of their
occupation authorities shall not be liable to compensation.
In the case of advances made in currency of liberated non-enemy terri-
tory, the Soviet and United States Governments will effect, each for advances
made to their citizens necessary settlements with the Governments of the
territory concerned, who will be informed of the amount of their currency
paid out for this purpose.
Article 6
Ex-prisoners of war and civilians of each of the contracting parties may,
until their repatriation, be employed in the management, maintenance and
administration of the camps or billets in which they are situated. They may
also be employed on a voluntary basis on other work in the vicinity of their
camps in furtherance of the common war effort in accordance with agree-
ments to be reached between the competent Soviet and United States author-
ities. The question of payment and conditions of labour shall be determined
by agreement between these authorities. It is understood that liberated mem-
bers of the respective forces will be employed in accordance with military
standards and procedure and under the supervision of their own officers.
Article 7
The contracting parties shall, wherever necessary, use all practicable means
to ensure the evacuation to the rear of these liberated citizens. They also
undertake to use all practicable means to transport liberated citizens to places
to be agreed upon where they can be handed over to the Soviet or United
States authorities respectively. The handing over of these liberated citizens
shall in no way be delayed or impeded by the requirements of their temporary
employment.
Article 8
The contracting parties will give the fullest possible effect to the foregoing
provisions of this Agreement, subject only to the limitations in detail and
from time to time of operational, supply and transport conditions in the
several theatres.
Article 9
This Agreement shall come into force on signature.
LIBERATED PRISONERS AND CIVILIANS— FEB. 11, 1945 1289
Done at the Crimea in duplicate and in the English and Russian languages,
both being equally authentic, this eleventh day of February, 1945.
For the Government of the United States of America:
John R. Deane
Major General, U.S.A.
For the Government of the Union of Soviet Socialist Republics :
Lieutenant General Gryzlov
BOUNDARY CHANGES BETWEEN UNITED
STATES AND SOVIET ZONES OF
OCCUPATION IN GERMANY
Agreement signed at Wanfried, Saxony, September 17, 1945
Entered into force September 17, 1945
[For text, see 5 UST 2177; TIAS 308 1 .]
DISPOSITION OF LEND-LEASE SUPPLIES
IN INVENTORY
Agreement signed at Washington October 15, 1945
Entered into force October 15, 1945
[For text, see 7 UST 2819; TIAS 3662.]
1290
RADIO-TELETYPE COMMUNICATION
CHANNELS
Agreement signed at Moscow May 24, 1946
Entered into force May 24, 1946
60 Stat. 1696; Treaties and Other
International Acts Series 1527
Agreement on the Organization of Commercial Radio Teletype
Communication Channels Between the United States of
America and the Union of Soviet Socialist Republics
The Government of the United States of America and the Government
of the Union of Soviet Socialist Republics wishing to establish special chan-
nels of commercial radio teletypewriter communication between both coun-
tries prior to the curtailment of the present military radio teletypewriter chan-
nels have decided to conclude the following agreement and have appointed
for that purpose their respective authorized representatives as follows :
For the Government of the United States of America,
Walter Bedell Smith
Ambassador Extraordinary and Plenipotentiary
For the Government of the Union of Soviet Socialist Republics,
Alexander Dmitrievich Fortushenko
Deputy Minister for Postal and Electrical Communications
The representatives, having exchanged their credentials, which were found
to be in good order, have agreed as follows on behalf of their respective
governments :
Article I
Commercial radio multichannel or multiplex teletypewriter communica-
tion systems between the Union of Soviet Socialist Republics and the United
States of America will be established and placed into operation on a com-
mercial basis as soon as possible in lieu of the existing military radio tele-
typewriter channels.
1291
1292 UNION OF SOVIET SOCIALIST REPUBLICS
The terminals of the commercial radio teletypewriter channels in the
Union of Soviet Socialist Republics will be in Moscow ; the terminals of the
channels in the United States of America will be in New York.
The contracting parties will provide for such leased tributary lines to such
Soviet offices in the United States of America as may be desired by the Gov-
ernment of the Union of Soviet Socialist Republics and for such leased tribu-
tary lines to such United States Government offices in the Union of Soviet
Socialist Republics as may be desired by the Government of the United States
of America.
The channels will be through a radio relay station at Tangier.
With the aim of not interrupting the present radio teletypewriter circuits
between the Union of Soviet Socialist Republics and the United States of
America, it is agreed that transmission of traffic over these channels will con-
tinue on a military basis pending completion of the Tangier radio relay station.
These communications will be used for the transmission of Public Corre-
spondence between the United States of America and the Union of Soviet
Socialist Republics with priority of service reserved for the transmission of
Governmental telegrams of the Union of Soviet Socialist Republics and of
the United States of America.
Governmental telegrams of the Union of Soviet Socialist Republics and of
the United States of America will normally be handled on a tape-relay basis.
This communication service will further provide for the establishment of radio
teletypewriter conference service between the Governmental agencies of the
Government of Soviet Socialist Republics when desired. This communica-
tion service will also provide this conference service between the Govern-
mental agencies of the Government of the United States of America when
desired.
No restrictions or limitations will be imposed by either Government as to
language or codes and ciphers to be used by either Government in the offi-
cial transaction of their respective business, i.e. radio teletypewriter sendee
operating on an automatic or tape-relay basis permits the use of the Russian
alphabet and the use of non-uniform codes and ciphers (mixed letters and
figures plus other teletypewriter characters and functions) .
The operation of the circuits between Tangier and Moscow, U.S.S.R. will
be operated at Tangier by the United States commercial communication
companies, at Moscow by the Ministry of Postal and Electrical Commu-
nications.
The operation of the circuits between the United States and the relay
station or stations in Tangier will be by the interested United States commer-
cial communication companies — RCA, Mackay Radio and Press Wireless,
Incorporated organizations.
RADIO-TELETYPE COMMUNICATIONS— MAY 24, 1946 1293
Article II
The Government of the United States of America agrees :
A. To assist the Government of the Union of Soviet Socialist Republics
in purchasing through the United States Foreign Liquidation Commission
sufficient equipment to operate initially two each full-duplex single-channel
radio teletypewriter channels between Moscow and each participating United
States commercial company in Tangier.
B. That the newly organized commercial service will utilize in Moscow
the equipment of the existing military radio teletypewriter channels which will
be expanded to fulfill the terms of Article II (A) as soon as possible.
C. That by mutual agreement between the Ministry of Postal and Elec-
trical Communications and each of the participating companies, these full-
duplex single-channel installations will be replaced or augmented by
multichannel or multiplex equipment.
D. That assistance will further be given to obtain such additional equip-
ment as may be required for the Moscow terminal of these channels upon
presentation of evidence of the necessity therefor to the Government of the
United States through the American Embassy in Moscow.
E. After the initial establishment of the commercial radio teletypewriter
channels, to assist the Government of the Union of Soviet Socialist Republics
in increasing the circuit capacity to meet the load requirements of the circuit
by increased speeds of operation and such other technical developments as
may become commercially available.
F. To authorize the participating companies immediately to initiate such
commercial agreements regarding tariffs, et cetera, as may be required.
Article III
The Government of the Union of Soviet Socialist Republics agrees :
A. To purchase through the United States Foreign Liquidation Commis-
sion such additional single-channel radio teletypewriter equipment as may
be necessary to fulfill the terms of Article II.
B. To purchase through the commercial companies which manufacture
multichannel or multiplex equipment such multichannel or multiplex equip-
ment as may be required to fulfill the terms of Article II.
C. To authorize the Ministry of Postal and Electrical Communications
immediately to complete such necessary negotiations with the participating
United States commercial companies regarding the tariffs and operating
procedures as may be required.
Article IV
The Government of the United States of America and the Government of
I he Union of Soviet Socialist Republics agree :
1294 UNION OF SOVIET SOCIALIST REPUBLICS
A. That upon the completion of the first three single-channel relay in-
stallations at Tangier, to inaugurate immediately radio teletypewriter service
on a commercial basis through the radio relay station or stations at Tangier,
utilizing for this purpose in Moscow the equipment of the existing military
radio teletypewriter channels, the transfer to commercial service to be made
without loss of circuit time.
B. That the commercial and technical regulations for the operation of
this communication system will be determined prior to the initial operation
of the system, by mutual agreement of the United States commercial com-
munication companies participating and the Ministry of Postal and Electrical
Communications subject to such approval as may be required by the laws of
the Union of Soviet Socialist Republics and the United States of America.
Article V
This Agreement will become effective immediately upon the signing thereof
on behalf of the contracting parties and will remain in force until its cancella-
tion by one of the contracting parties which must give written notice to the
other party six months in advance of the date of its intention to terminate this
Agreement.
This Agreement is drawn in two copies, each one in the English and Russian
languages, both texts having equal force.
In witness whereof the undersigned duly authorized by their respective
Governments have signed the two copies of this Agreement and affixed thereto
their seals.
Done in Moscow, this 24 day of May, 1946.
For the Government of the United States of America:
Walter Bedell Smith [seal]
For the Government of the Union of Soviet Socialist
Republics :
A. FORTUSHENKO [SEAL]
LEND-LEASE SETTLEMENT: RETURN OF
VESSELS
Agreement signed at Washington September 27, 1949
Entered into force September 27, 1949
Expired in December 1951 upon fulfillment of its terms
63 Stat. 2810; Treaties and Other
International Acts Series 2060
Agreement on Dates and Procedures for Return of Three Ice-
breakers and Twenty-Seven Frigates of the United States Navy
Received by the Union of Soviet Socialist Republics Under the
Lend-Lease Act1
1. The return to United States representatives of the vessels will be ac-
complished by the Soviet Government using its own crews not later than
December 1, 1949.
2. The vessels will be returned and transferred to United States repre-
sentatives, the frigates at the port of Yokosuka, Japan and the icebreakei-s
at the port of Bremerhaven, Germany as follows :
The Frigates in three groups of nine vessels each by November 15, 1949.
The Icebreaker North Wind in October; the Icebreakers South Wind
and West Wind in November.
3. The vessels will be returned with their equipment, spare parts and am-
munition, with the exception of that which has been consumed, destroyed or
lost during the period of the war.
4. The actual transfer of the vessels will be effected by exchange of
a deed of delivery and receipt for each vessel, (exhibit A attached hereto)
executed in duplicate both in the English and Russian languages by the
Soviet Officer delivering the vessel and by the receiving United States Officer,
one copy of the deed in each language to be retained by each country.
5. Should the Soviet Government so desire, the Government of the United
States will arrange for or provide the Soviet crews with hotel or barrack
accommodations and victuals, consistent with their rank or rate for the period
*55 Stat. 31.
1295
308-582—73 S3
1296 UNION OF SOVIET SOCIALIST REPUBLICS
between disembarking the vessel and departing the port of delivery. Arrange-
ments for the foregoing, including visits ashore, and for other facilities
desired for sojourn of the Soviet crews will be coordinated by the Senior
United States Naval Commander at the appropriate port (or his representa-
tive) upon receipt of written request from the Senior Soviet Officer present.
Payment for such accommodations and victuals will be made by the Soviet
Government prior to the departure of the crews.
6. The Soviet Government will make the necessary arrangements for
and bear the expense of the return of its crews to the Soviet Union.
7. The Senior Officer of a group of vessels returning in company or the
Commanding Officer of a vessel returning singly will make application on
international frequencies to the Senior United States Naval Commander at
the appropriate port, not less than twenty-four hours prior to the estimated
time of arrival, for definite instructions as to pilotage, anchorage, ec.
8. The following normal procedure will constitute delivery of the ships:
(a) Vessels will proceed to designated berths, secure all but auxiliary
machinery (machinery required for normal operation of the vessel while in
port) , and maintain watch on such machinery until relieved by United States
personnel.
(b) The Soviet crew will remove personal effects and Soviet property.
Boating assistance will be provided by the United States if required.
(c) United States crews will begin the reception of each vessel upon its
arrival at berth, it being understood that the transfer of each vessel will be
completed within three days after the arrival of the vessel at the port of
transfer.
(d) The Soviet crew will parade and haul down the Soviet flag with
appropriate ceremony.
(e) The deed of delivery and receipt of the vessel, equipment and stores
including a statement of abandonment by the Soviet Government of any
Soviet property left on board will be executed by the receiving United States
Officer and the Soviet Officer delivering the vessel.
(f ) The Soviet crew will depart the ship and the remainder of the United
States custodial crew will come aboard.
(g) The United States flag will be hoisted.
9. No gun salutes will be fired or returned.
10. The transfers will be made in the simplest and most expeditious
manner and with a minimum of ceremony.
11. A representative of the Senior United States Naval Commander
at the appropriate port will call upon the Senior Soviet Officer upon arrival;
otherwise all official calls will be considered as having been made and
returned.
RETURN OF VESSELS— SEPTEMBER 27, 1949 1297
The present agreement is executed in the Russian and English languages
and both texts are equally authentic.
For the Government of the United States of America:
Willard L. Thorp
For the Government of the Union of Soviet Socialist
Republics :
A. Panyushkin
Washington
September 27, 1949
exhibit a
Deed
of Delivery and Receipt
We, the undersigned authorized representatives of the Ministry of the
Armed Forces of the Union of Soviet Socialist Republics, party of the first
part, and of the Navy Department of the United States of America, party
of the second part, respectively, hereby execute this deed to evidence the fact
that the party of the first part has returned and the party of the second part
has received and accepted on behalf of the Government of the United States
of America the United States
complete with all machinery, equipment, and stores then on board, all right,
title and interest in such machinery, equipment and stores being hereby
expressly abandoned by the Government of the Union of Soviet Socialist
Republics.
This transfer has been accomplished this day of
1949 at
The present deed is executed in the Russian and English languages and
both texts are authentic.
Authorized Representative of the Authorized Representative of the
Ministry of the Armed Forces of Navy Department of the United
the Union of Soviet Socialist States of America.
Republics.
United Arab Republic
COMMERCIAL AND CUSTOMS RELATIONS
Agreement signed at Cairo November 16, 1884, with text of conven-
tion between Greece and Egypt concluded March 3, 1884, and
Egyptian customs regulations
Senate advice and consent to ratification March 18, 1885
Entered into force March 18, 1885
Ratified by the President of the United States May 7, 1885
Proclaimed by the President of the United States May 7, 1885
Terminated February 16, 1930 2
24 Stat. 1004; Treaty Series 81
Agreement Between United States and Egypt
The Undersigned, N. D. Comanos, Vice-Consul-General of the United
States of America in Egypt, and His Excellency Nubar Pasha, President of
the Council of Ministers, Minister of Foreign Affairs and of Justice of the
Government of His Highness the Khedive of Egypt, duly authorized by their
respective Governments, have held a conference this day on the subject of a
Commercial Convention to be concluded between the Egyptian Government
and the Foreign Powers, and have agreed to the following:
The Government of the United States of America consents that the Regu-
lations of the Egyptian customs applicable, in virtue of a Commercial and
Customs Convention concluded on the 3rd of March, 1884, between the Hel-
lenic Government and the Egyptian Government to the Hellenic subjects,
vessels, commerce and navigation, may also be applied to the citizens of the
United States, vessels, commerce and navigation.
1 On Sept. 2, 1971, the name of the United Arab Republic was officially changed to the
Arab Republic of Egypt. See also agreements between the United States and the Ottoman
Empire, ante, vol. 10, p. 619, OTTOMAN EMPIRE.
1 Pursuant to notice of termination given by Egypt Feb. 14, 1929.
1298
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1299
Every right, privilege or immunity that the Egyptian Government now
grants, or that it may grant in future, to the subjects or citizens, vessels, com-
merce and navigation of whatsoever other foreign power, shall be granted to
citizens of the United States, vessels, commerce and navigation, who shall
have the right to enjoy the same.
The present agreement shall become operative immediately upon the con-
sent of the Senate of the United States being given to the same.
In testimony whereof, the undersigned have signed the present act and
have affixed their seals.
Done in Cairo, the sixteenth day of November Eighteen hundred and
eighty-four.
N. D. Comanos [seal]
N. Nubar [seal]
Convention Between Greece and Egypt
[translation]
a convention relative to commerce and customs
His Excellency Nubar Pasha, President of the Council of Ministers, Minis-
ter of Foreign Affairs of His Highness the Khedive, and Mr. Anasthasius
Byzantios, Diplomatic Agent and Consul-General of Greece, having been
duly authorized by their respective Governments, have agreed upon the
following:
Article I
Greek commerce in Egypt and Egyptian commerce in Greece shall be
treated, as regards customs duties, both when goods are imported and
exported, as the commerce of the most favored nation.
Article II
No prohibitory measure shall be adopted in respect to the reciprocal im-
port or export trade of the two countries, without being likewise extended to
all other nations. It is nevertheless understood that this restriction shall not
apply to such special measures as may be adopted by either country for the
purpose of protecting itself against epizooty, phylloxera or any other scourge.
Article III
The Egyptian Government pledges itself, with the exceptions mentioned
in article VI., hereinafter, not to prohibit the importation into Egypt of any
article, the product of the soil and industry of Greece, from whatever place
such article may come.
1300 UNITED ARAB REPUBLIC
Article IV
The duties to be levied in Egypt on the productions of the soil and industry
of Greece, from whatever place they may come, shall be regulated by a tariff
which shall be prepared by commissioners appointed for this purpose by the
two Governments.
A fixed duty of 8 per cent, ad valorem shall be taken as the basis of this
tariff, the said duty to be computed on the price of the goods in the port of dis-
charge; the Egyptian Government, however, reserves the privilege of raising
the duties on distilled beverages, wines and fancy articles; but these dudes
shall, in no case, exceed the rate of 1 6 per cent, ad valorem.
The Egyptian Government likewise reserves the right to reduce the duties
on articles of prime necessity that are imported into Egypt, to 5 per cent.,
and even to abolish them entirely.
Customs duties shall be collected without prejudice to the penalties pro-
vided, in cases of fraud and smuggling, by the regulations.
Article V
Tobacco, in all its forms, and tombac, together with salt, natron, hashish
and saltpeter are excluded from the stipulations of this convention.
The Egyptian Government retains an absolute right in respect to these
articles, the regime of which shall be applicable to Greek subjects on the same
terms as to its own subjects.
The Egyptian Government may institute, in warehouses or dwellings, any
immediate search that it may deem necessary. A duplicate of the order of
search shall be sent to the Greek consular officer, who may repair to the spot
at once, if he think proper, although that formality shall not delay the search.
Article VI
By way of exception to the stipulations of article III., the importation into
Egypt of arms used in war (including fire-arms and side-arms) and munitions
of war shall not be permitted.
The above restriction does not apply to weapons used in hunting or for
ornament or amusement, nor does it apply to gunpowder used in hunting; the
importation of these articles shall form the subject of special regulations to be
adopted by the Egyptian Government.
Article VII
Goods imported into Egypt and re-exported within a period not exceeding
six months, shall be considered as goods in transit, and shall pay, as such, only
a transit duty of one per cent., computed on their value in the port of dis-
charge. After such period of six months, they shall be subject to the full import
duty.
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1301
If the re-exportation takes place from the port of discharge, after a simple
transshipment, or after the goods have been discharged and kept on land,
under surveillance, as provided by the customs regulations, for a period not
exceeding one month, such goods shall be liable to no duty; but the transit
duty shall be payable, if, after having been discharged and temporarily de-
posited, either in the warehouses of the custom-house, or in private ware-
houses, whether floating or not, the goods are re-exported, after having been
the object of a commercial operation.
Article VIII
If goods, after the import duty has been levied upon them in Egypt, are sent
to other countries before the expiration of the term of six months from the
day of their discharge, they shall be treated as goods in transit, and the
Egyptian custom-house shall return to the exporter the difference between
the duty paid and the transit duty mentioned in article VII.
In order to obtain the drawback, the exporter must furnish proof that the
import duty has been paid on the re-exported goods.
Article IX
The productions of the soil and industry of Egypt when sent to Greece,
shall pay an export duty of one per cent, ad valorem, computed on the value
of the goods in the port of exportation.
For greater facility, these productions shall, as far as possible, be periodically
tariffed, by mutual agreement, by the representatives of the merchants en-
gaged in the export trade and the Egyptian customs authorities.
Article X
Articles and personal effects belonging to Consuls-General and Consuls not
engaged in other than consular business, not performing other duties, not en-
gaged in commercial or manufacturing business, and not owning or control-
ling real estate in Egypt, shall be exempt from any examination, both when
imported and exported, and likewise from the payment of duties.
Article XI
Within thirty-six hours at most after the arrival of a vessel in an Egyptian
roadstead or port, the captain or the agent of the owners shall deposit at the
custom-house two copies of the manifest of cargo, certified by him to agree
with the original. In like manner, captains shall, before their departure from
an Egyptian port, present at the custom-house a copy of the manifest of the
goods on board of their vessels. The original manifest, either on arrival or de-
parture, shall be presented at the same time with the copies, in order to be
compared with them.
1302 UNITED ARAB REPUBLIC
If a vessel stops in an Egyptian port for a reason that appears suspicious to
the custom-house, the latter may require the presentation of the manifest,
and may immediately make any search that it may deem necessary; the order
of search shall, in that case, be addressed to the Greek consular officer, as
provided in article V.
Any surplus or deficit that may be shown by the comparison of the manifest
with the cargo shall furnish ground for the imposition of the fines provided
for by the customs regulations which shall be issued by the Egyptian
Government.
Article XII
Any custom-house operation in Egypt, either on arrival or departure, must
be preceded by a declaration signed by the owner of the goods or his
representative.
The custom-house may, moreover, in case of dispute, require the presenta-
tion of all the documents that are to accompany any shipment of goods, such
as invoices, letters, etc.
Any refusal to make the declaration on arrival or departure, any delay in
making the said declaration, or any excess or deficiency found to exist be-
tween the goods and the declaration shall furnish ground for the imposition of
the fines provided for by the Egyptian custom-house regulations, in each of
the cases specified.
Article XIII
The custom-house officers, the officers of the vessels belonging to the
Egyptian postal-service, and the officers of national vessels, may board any
sailing or steam vessel of less than two hundred tons' burden, be that vessel
at anchor or tacking, at a distance not exceeding ten kilometers from the shore,
without furnishing evidence of vis major; they may ascertain the nature of
the cargo, seize any prohibited goods, and secure evidence of any other infrac-
tion of the customs regulations.
Article XIV
Any illicit importation of goods shall furnish ground for the confiscations
and fines provided for by the Egyptian customs regulations.
Decisions ordering confiscations and fines shall be communicated, within
the period fixed by law, to the Greek consular officer.
Article XV
It is understood that this convention can in no wise impair the administra-
tive rights of the two contracting Governments, and that they may enforce
any regulations calculated to promote the efficiency of the service and the
repression of fraud.
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1303
Article XVI
The present convention shall be operative for seven years from the twentieth
day of March, one thousand eight hundred and eighty-four.
At the expiration of that period, the present convention shall remain in
force during the year following, and so on from year to year, until one of the
contracting parties shall notify the other of its desire for the cessation of its
effects, or until the conclusion of another convention.
Additional Article
The effect of the modifications in the present tariff which are provided for
in article IV., shall be suspended until those modifications have been adopted
by the other powers interested.
In testimony whereof, the undersigned have signed the present convention.
Done in duplicate at Cairo this third day of March, one thousand eight
hundred and eighty-four.
N. NUBAR
An. Byzantios
Egyptian Customs Regulations
[translation]
CUSTOMS REGULATIONS
Title I
general provisions
Article I
Customs Boundary
The shore of the sea, and the frontiers touching the territories of the neigh-
boring States, shall form the customs boundary.
Article II
Zone of Surveillance
The warehousing and transportation of goods which have crossed the cus-
toms line shall be subject to the surveillance of the custom-house officers to a
distance of two kilometers from the land frontier or from the sea shore, and
likewise from both banks of the Suez Canal and of the lakes through which
that canal passes.
Outside of these limits, the transportation of goods may take place freely;
nevertheless, goods removed fraudulently, and kept in sight by agents of the
308-582—73 84
1304 UNITED ARAB REPUBLIC
public force, may be seized even after they have been conveyed beyond the
zone of surveillance.
The following goods may likewise be seized throughout the extent of the
Egyptian territory: prohibited goods, those whose sale is monopolized by the
State, and tobacco or tombac not accompanied by a raftieh for circulation in
the interior.
For vessels, the zone of surveillance shall extend to a distance of ten kilo-
meters from the shore. Caravans crossing the desert, and suspected of carry-
ing on illicit trade, shall be subjected to examination and search by the cus-
tom-house officers.
Article III
Passage across the customs boundary
Goods cannot cross the customs boundary during the night, that is to say
between the setting and rising of the sun.
Throughout the extent of the maritime coast-line, it shall be allowable to
enter ports and to come near the shore during the night, in localities where
there are custom-houses, but no discharge, transshipment or shipment shall
be made without a special authorization, in writing, from the Collector of
Customs.
Article IV
No shipment, discharge or transshipment of goods shall take place without
the previous authorization of the custom-house, or when no custom-house
officers are present.
Any shipment, discharge or transshipment shall take place at the points
specially set apart for that purpose by the customs authorities.
Captains are forbidden to receive new goods on board of their vessels,
before having fully complied with the customs formalities relative to goods
brought, unless they have received, in writing, the authorization of the Collec-
tor of Customs.
The latter may permit, by way of exception, the discharge or transshipment
of goods to take place in the absence of the custom-house officers.
In this case, he shall mention the fact in a note on the copy of the manifest.
Article V
Of the permit to sail, otherwise known as the Tamkin
Captains, before their departure, must present at the custom-house the
manifest of the goods on board of their vessels. Not until after this requirement
has been complied with shall the custom-house authorize the port authorities
to issue the tamkin.
The custom-house shall be at liberty to cause a tamkin to be issued, even
before the presentation of the manifest, to vessels represented by an agent in
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1305
the port of departure, provided that such agent has deposited at the custom-
house a written pledge to comply with this requirement within three days.
Steam navigation companies may, with a view to enjoying this privilege,
become responsible, once for all and by means of a notarial instrument, for
any infractions that may be committed by captains having charge of their
vessels.
Article VI
Declarations
All custom-house operations must be preceded by a declaration signed by
the owner of the goods or his representative.
The custom-house shall consider the person holding the transportation com-
pany's order of delivery as the legitimate representative of the owner. (See
Articles XIX. and XX.)
Article VII
Search
As soon as the declaration has been presented at the custom-house, the
goods shall be examined. The custom-house shall have the right to examine
all packages, but the Collector may, according to circumstances, if he think
proper, exempt from examination those packages whose declared contents
may not appear to him to be proper subjects for examination.
Less than one package in ten shall not be examined.
If, after one examination, and even after the payment of the duties, any
further examinations are deemed necessary, the custom-house shall always
have the right to order them to be held.
The packages shall be opened for examination by the superior officers of
the custom-house, in presence of the interested parties; the operation shall
take place either in the warehouses of the custom-house, or in its offices.
In case of suspicion of fraud, the custom-house shall, even in the absence
of the interested party, proceed to open the packages, drawing up a report
thereof.
Goods not warehoused, either on account of their dimensions or of their
cumbersome character, may be examined outside.
Bags, letters and printed documents brought by the mails, either by land
or sea, shall be exempt from examination, provided they are entered upon a
regular way-bill.
On the other hand, all postal packages shall be subjected to examination ;
when there is no suspicion of fraud, this examination shall be merely a sum-
mary one, and shall be necessary only in the case of a certain number of
packages to be designated by the Collector of Customs.
1306 UNITED ARAB REPUBLIC
Article VIII
Duties to be collected, privilege, and security of the Treasury
Import, export and transit duties shall be collected in accordance with
existing treaties and conventions.
Charges, moreover, shall be made for storage, warehousing, and porterage;
for wharfage, cranes, locks, tamkins, sealing of packages, raftiehs, keshfs,
declarations, measuring, etc., according to special regulations.
Payment of duties shall be made in cash, in gold or silver coin according to
the tariff of the Government.
No goods shall be delivered until the duties to which they are liable shall
have been duly paid.
Goods received at the custom-house, no matter what is their destination,
shall serve as security to the customs authorities, by way of privilege, for the
payment of the duties, charges and fines of all kinds, due from the person
to whom the goods are addressed, on account of those goods or other arrivals.
Article IX
Exemption from Duties
The following articles shall be exempt from examination and from the pay-
ment of import and export duties :
1 . Articles and personal effects belonging to His Highness the Khedive.
2. Articles and personal effects belonging to Consuls-General and Con-
suls not engaged in other than consular business.
Effects and articles belonging to religious establishments of the various
religious denominations, to convents, and charitable or educational insti-
tutions, shall be exempt from import and export duties, but shall be subject
to search and examination.
These establishments shall, at the beginning of each year, send to the
custom-house, through their own, or some other consular officer, a list con-
taining an approximate statement of the articles which they intend to import
in the course of the year, and of the value of those articles.
The exemption shall be suspended until the following year when the total
value stated in that list shall have been reached.
This exemption is an act of pure favor on the part of the Egyptian Gov-
ernment; it may be refused if the custom-house finds that it is abused.
The following articles shall likewise be exempt from import and export
duties, but shall be subject to examination and search:
1. Effects, household furniture, books and other articles for private use,
belonging to persons who come to settle for the first time in the country.
These articles shall, however, bear marks of having been used, under penalty
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1307
of being subjected to the payment of the duties required by the regulations.
In cases of dispute, experts shall decide.
2. Personal effects brought by travelers and intended for their use.
3. Samples, when not of a nature to be sold as merchandise.
4. Samples of the productions of the soil of Egypt whose value does not
exceed one hundred piasters.
5. Specie (gold or silver) .
6. Gold or silver in bars.
7. Merchandise belonging to the Departments of the Government and to
private citizens, which are exempt from the payment of duties, either in
virtue of special orders or of conventions.
8. Articles to be used as provisions by vessels of war belonging to friendly
powers, and also provisions and munitions intended for the use of merchant
vessels and their crews.
All applications for free importation or exportation must be addressed to
the custom-house and the following particulars must be stated: 1. The
nature of the articles. 2. Their value. 3. Their marks and numbers. 4. The
name of the vessel which has imported or which is to export them.
The granting of exemption from duty shall be subordinate to the condition
that the name of the party for whom the goods are intended be mentioned
in the bill of lading as the consignee; if the name of a third party is men-
tioned as such, or if the goods are simply consigned to order, the custom-
house cannot grant the exemption.
An application for exemption must be signed by the party for whom the
goods are intended, or by the sender if exemption from the payment of export
duties is applied for.
Article X
Goods taken from wrecked vessels
Goods from wrecked vessels shall be subjected to no duty if they are not
intended for an Egyptian port, and they may be re-exported without payment
of duties as soon as the formalities concerning the wreck have been complied
with.
Article XI
Permits to leave the custom-house and keshfs
After the custom-house formalities have been complied with and the duties
paid, a permit to leave the custom-house shall be delivered to the broker who
is to remove the goods from the custom-house.
At the request of the importer, and on presentation of the receipt of the
cashier of the custom-house, an accurate list, or keshf, of the goods on which
duty has been paid, shall be delivered to the interested party.
The presentation of the keshf shall be indispensable for the free exportation
1308 UNITED ARAB REPUBLIC
of goods of foreign origin, and for the establishment of the right to the res-
titution of the difference between the import and the transit duties, if the
re-exportation takes place within six months from the date of the removal of
the goods, which date will be shown by the keshf.
The custom-house shall deliver no keshf for goods of a perishable character.
A keshf shall be delivered but once, and in case of its loss, it cannot be
replaced.
Article XII
Importation of productions of Egyptian origin and exportation of productions
of foreign origin
If a production of the country, after having been exported to a foreign
country, is brought back to Egypt, it shall be liable to the payment of the
import duty established on foreign productions.
In like manner, if a production of foreign origin be re-exported, it shall be
subject to the export duty which is established on productions of the country,
unless it be accompanied by a keshf clearly establishing its identity and the
date when the import duty on it was paid ; in the latter case, it shall be exported
duty-free.
If such exportation takes place within less than six months, the restitution
of the difference between the import duty and the transit duty may be claimed.
In either case, however, the presentation of the keshf shall be indispensable,
as provided in article XL
Article XIII
Removal of Goods from the Custom-House and Authorized Custom-House
Brokers
Goods may be removed from the custom-house after the formalities have
been complied with by the party holding an order for their delivery, issued
by the captain or consignee of the vessel, or by the navigation company.
Nevertheless, professional custom-house brokers shall not be allowed to
remove goods arriving for the account of third parties, unless they fulfill the
following conditions :
1. No custom-house broker shall carry on his business without having
been authorized to do so by the custom-house authorities.
2. An application for authorization shall be made in writing, and shall
be accompanied by a certificate attesting the good character of the applicant,
the said certificate to be signed by two prominent merchants of well known
respectability.
3 . If the certificate is deemed sufficient, the authorization shall be granted,
and a card of admission shall be delivered to the applicant.
4. If the recommendation is deemed insufficient, the customs authorities
may require the candidate to deposit from 2,000 to 10,000 piasters, or to
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1309
furnish security given by two merchants whose names are acceptable to the
authorities.
5. The deposit or security shall guaranty to the customs authorities the
payment of any fines that may be imposed upon the broker by reason of
infractions of which he may be found guilty.
6. Any custom-house broker may be suspended from his functions by the
Director General of custom-houses, for a determined period, according to the
gravity of the offence or irregularity committed, and that without prejudice
to the payment of the penalties incurred. For the first time, the penalty shall
not exceed six months. It may be for one year if the offence is repeated. The
interested party shall be notified, in writing, of such punitory measure, and
the notice sent him shall contain a statement of the reasons for the adoption
of such measure.
7. Persons permanently employed by third parties shall be liable to the
same fines and penalties as professional custom-house brokers.
Title II
IMPORTATION AND TRANSPORTATION OF GOODS FROM ONE CUSTOM-HOUSE
TO ANOTHER
Article XIV
Presentation of goods at Frontier Custom-Houses
Goods to be imported by land must be presented at the custom-house
nearest the frontier.
If the custom-house is inside of the line, the goods must come by the usual
route, without any deviation.
If the nearest custom-house cannot receive them, they shall be taken to
the nearest custom-house that can receive them, but the parties having them
in charge shall provide themselves, at the first custom-house, with a certifi-
cate stating that they have presented themselves there, and have subjected
their goods to a summary examination.
If the nearest custom-house is not more than ten kilometers distant, the
goods shall be escorted by custom-house officers.
Article XV
Manifest of Cargo
In thirty-six hours after the arrival of a vessel in an Egyptian roadstead or
port, the captain or agent of the owners shall deposit at the custom-house
two copies of the manifest of cargo, certified by him to agree with the original.
The original manifest must be presented at the same time, in order that it
may be compared with the copies.
The presentation of the manifest may be required, no matter what be the
1310 UNITED ARAB REPUBLIC
reason of the vessel's putting into port, and no matter how long she may
remain there.
If the vessel is from an Egyptian port, the manifest of cargo must be accom-
panied by the clearance from that port, unless the vessel has been exempted
from procuring that document according to Article V.
If the Collector of Customs doubts the agreement of the statements made
in the manifest with the cargo, the captain must give all the explanations and
produce all the papers that may be deemed necessary.
The storekeeper of the custom-house, after the discharge of the goods
destined for the port of arrival, shall receipt therefor on the copy of the mani-
fest. This copy shall afterwards be delivered to the interested party.
If the entire cargo is intended for another port, the custom-house shall
simply place its vise on the copy of the manifest.
Vessels whose cargo is intended for another port, or which arrive in ballast,
shall not remain in the port of arrival, except for some reason over which
they have no control, for more than three weeks. During their entire stay
they shall be under the surveillance of the custom-house.
If these vessels desire to prolong their stay in the port on account of repairs,
damages, adverse winds, lack of freight, etc., they shall not be allowed to do
so unless by special authorization from the custom-house. Such authorization
shall not be granted unless the reasons stated appear to be valid.
In default of authorization, the vessel must leave the port without delay,
and before its departure it shall be subject to search by the custom-house
officers.
If a vessel stops in a port for a reason that appears suspicious to the custom-
house, the latter may require the immediate presentation of the manifest, and
may make any search that it may think proper.
Article XVI
Manifest of Importation
In the manifest the following particulars must be stated :
The name of the vessel.
The port whence she hails and those where she has called during her
voyage.
A succinct statement of the various kinds of goods of which the cargo is
composed.
The number and nature of the packages.
Their marks and numbers.
The total number of packages must be repeated in full.
The manifest and the two copies must be written without corrections,
erasures or alterations.
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1311
In case any of the above requirements has not been complied with, the
manifest shall be returned and considered as not having been presented.
Article XVII
Discharge of Cargo
A custom-house officer shall mark on one of the copies of the manifest, in
presence of the captain of the vessel or his representative, the packages and
goods discharged.
Goods shall be taken to the custom-house for examination and registry.
That portion of the cargo which is to be conveyed to another destination
shall remain on board, and its departure shall be legitimized when the vessel
sails, by means of a permit issued by the custom-house to the captain.
The custom-house shall have the right to place guards on board of any
vessel, and to take such measures as it may think proper for the prevention
of any unauthorized shipment, discharge or transshipment.
If the quantity of goods or the number of packages discharged is less than
the quantity or number stated in the manifest, the captain or his representa-
tive shall be required to furnish a satisfactory explanation of the discrepancy.
If the missing goods or packages have not been shipped, if they have not been
discharged, or if they have been discharged at a place other than that of their
original destination, this must be shown by means of authentic documents
establishing the fact.
If the goods or packages mentioned in the manifest are not found, and
if their value is claimed by the shipper or the party to whom they were sent,
the captain or his representative shall be required to furnish proof that they
have paid such value.
If the explanations required by this article cannot be given within twenty-
four hours, the captain or his representative shall be required to furnish se-
curity or to deposit the amount of the fine provided for in article XXXVIII. ;
in this case, a delay not exceeding four months may be granted to him in
order to enable him to furnish such explanations.
Article XVIII
Declarations
The declaration required by article VI. shall be presented at the custom-
house within eight days after the discharge of the cargo.
That time having expired, a storage duty (ardieh) shall be collected on the
goods, in accordance with the special regulations on this subject.
The custom-house may require the exhibition of all papers that properly
accompany a shipment of goods, such as invoices, insurance policy, cor-
respondence, etc.
When the owner of any goods requests it, he may be authorized to examine
1312 UNITED ARAB REPUBLIC
the contents of packages received for his account before preparing a declara-
tion thereof.
After the declaration has been presented, it cannot be modified without
a valid excuse, or without an authorization, in writing, from the Collector
of Customs.
A permit to open packages for the purpose of examining their contents is
given by the Collector of Customs, or by the Inspector in Chief, who desig-
nates the officer who is to be present at the examination.
Article XIX
Form of a Declaration
Declarations shall be made in writing according to forms printed by the
custom-house.
They shall state :
1. The christian name, surname, nationality and domicile of the declarer.
2. The places where the goods are from, their origin and destination, to-
gether with the name of the vessel which has transported them, or which is
to transport them.
3. The kind of goods, their number, nature, marks, and the numbers
marked on the packages.
4. The value of the goods.
If the value is not known to the declarer, the custom-house shall cause the
same to be estimated by its appraisers.
Article XX
Consequences of a Failure to present the Manifest or Declaration
A refusal to exhibit the manifest or other necessary papers, or any delay
in so doing, shall give the custom-house the right to have the goods discharged
at the expense and risk of the captain or owners, and to keep the goods in the
warehouses of the custom-house.
A refusal to present the declaration, or any delay in so doing, or a refusal
to withdraw the goods within the space of six months from the day on which
they were placed in the custom-house, shall give the customs authorities the
right to sell them, in due form, at public auction, by giving a single notice to
the owner, either directly, or by means of an advertisement inserted in a
newspaper published in the nearest city or town.
Perishable goods, such as liquids, fruits, etc., cannot remain in the custom-
house any longer than their condition allows them to be kept. If they are not
then withdrawn, the custom-house shall cause a statement to be drawn up of
the failure to remove them in time, and shall sell them, without being obliged
to summon the owner.
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1313
The opening and sale of abandoned packages shall take place, in case of
the absence of the interested parties, in the presence of the representatives of
the consular or native authorities, according to the nationality of the interested
party.
If, after having been summoned, the representatives of said authorities fail
to appear, a statement of such failure shall be prepared, and the goods shall
be sold.
The proceeds of the sales, after customs duties, storage, fines and all other
charges have been deducted, shall remain on deposit among the funds of the
Customs Department and at the disposal of the owner.
If said deposit is not claimed within three years, it shall be forfeited to the
Customs Department.
Until the sale has actually been consummated, the owner of the goods may
withdraw them by paying the duties and all other charges, including those
for auction and brokerage, if there are any.
Article XXI
Shipments of Foreign Goods from one Custom-House to another
Packages of foreign goods which are to be sent from one custom-house
to another before the duties have been paid, cannot be removed until after a
declaration has been made.
A detailed declaration is not necessary unless the packing of the goods is
defective; such declaration may refer simply to the value of the goods if they
have been properly packed.
The packages must be accompanied by an elm-khaber; they must, more-
over, be placed under the guaranty of the seal of the custom-house. Packages
whose value is less than thirty piasters, and goods which, owing to their nature,
cannot be sealed, shall be exempted from sealing.
In case of transportation by rail, the shipment shall take place under the
supervision of the custom-house, which shall take out the bills of lading and
send them to the customs authorities of the place of destination.
The custom-house shall send the elm-khaber to the owner of the packages
for inspection on their arrival.
If the shipment takes place by any other land conveyance, the owner shall
deposit the import duties, or give security for the amount of those duties.
Goods of foreign origin, on which the duties have already been paid, and
which shall be exported by sea to another Egyptian port, shall be subjected
to no additional duty.
The custom-house of the port from which the goods are shipped shall
simply require the consumption duties to be deposited; these shall be refunded
to the interested party on presentation of a certificate from the custom-house
to which the goods are sent, showing that they have arrived.
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Article XXII
Discharge of the Elm-Khaber
On the arrival of the goods at the custom-house to which they have been
sent, the party to whom they have been sent must, within seven days, declare
their final destination, unless it is already stated in the elm-khaber, or he
must withdraw the goods, paying the duties thereon. If the goods are allowed
to remain at the custom-house after the expiration of the time above speci-
fied, they shall be liable to the ardieh duty.
On the arrival of the goods, their identity shall be verified; if they are
found to be in accordance with the statements made in the elm-khaber, a
certificate of discharge shall be delivered to the party to whom they are sent;
if, on the other hand, the examination shows any differences, and if the
packages bear marks of having been tampered with on the way, the certifi-
cate shall be refused, or shall be given for such part of the goods only as may
be found to accord with the statements made in the elm-khaber. A report
shall be prepared stating the condition of the goods at the time of the
examination.
A certificate of discharge may be delivered for such packages as were not
subjected, when shipped, to a thorough examination, but which, having been
found to be well packed, were simply sealed; this may be done, when they
are found, on their arrival, to be intact, and to bear no marks of any
alteration.
The return of the certificate of discharge to the custom-house whence
the shipment took place shall entitle the party to whom it was issued to have
his deposit refunded, or his security shall be released in consequence thereof.
Article XXIII
Exportation of Egyptian Goods from one Custom-House to another
Native goods, that is to say productions of the soil or industry of Egypt,
that shall be conveyed by sea to another Egyptian port, shall be subject to the
following rules :
1 . If these goods are to be sent to a maritime town which is subject to
town-dues, and which has no custom-house, the shippers must deposit at the
custom-house whence the shipment takes place a duty of eight per centum
until a certificate shall have been presented showing that these productions
have duly reached their destination.
2. If these goods are to be sent to a city not subject to town-dues, they
must pay, when forwarded, a duty of eight per centum, which shall not be
refunded.
In the former case the goods are to be accompanied by an elm-khaber;
in the latter they are to be accompanied by a raftieh.
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1315
The elm-khaber shall be discharged on the arrival of the goods, in the
manner provided in the foregoing article.
Title III
OF TRANSIT
Article XXIV
Goods in Transit
Goods that are to cross the territory shall be subject, as regards the written
declaration and the examination, to the rules established for the entry of
foreign goods subject to custom duties, and as regards shipment or forward-
ing, to the rules established for the transportation of goods from one custom-
house to another.
After the examination of the goods in transit, an elm-khaber shall be de-
livered to the owner or shipper on payment of the transit duty established by
the treaties and conventions, and on his depositing or furnishing security for
a sum equal to the amount of the difference between the transit duty and
the import duty.
The custom-house shall state, in the elm-khaber, the time when the goods
must be presented at the shipping office. This time may be fixed at ten days
at least, and at six months at most, according to the distance that the goods
may have to go.
Packages in transit shall be subject to sealing.
Article XXV
Discharge of the Transit Elm-Khaber
When the identity of the goods shipped in transit has been ascertained
and they have been sent, the elm-khaber shall be visaed by the custom-house
whence the goods are shipped.
The presentation at the aforesaid custom-house of the visaed elm-khaber
shall entitle the party who has made the deposit to the return thereof, or to
the release of the security furnished by him.
If, at the expiration of the time fixed by the elm-khaber, the discharge is
not presented at the custom-house whence the goods were shipped, the latter
shall be considered as having been placed in the market, and the amount of
the deposit shall be forfeited to the custom-house. If any security has been
furnished, the Customs Department shall hold the party who furnished it to
the payment of the duty guaranteed.
In case of the loss, duly proved, of the transit elm-khaber after having
been visaed by the custom-house whence the goods were shipped, that custom-
house shall be obliged to issue a certificate to take the place of the elm-khaber.
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In case of the total loss of the goods, duly proved, there shall be ground
for the restitution of the sum deposited as security.
Title IV
CONCERNING EXPORTATIONS
Article XXVI
Manifest
The manifest of exportation shall be presented at the custom-house of
the port of departure according to the rules established in article V.
Article XXVII
Declaration
Goods intended for exportation must be declared. The declaration shall
take place according to the rules established in Articles XVIII. and XIX.
The custom-house, after having examined the goods and collected the ex-
port duties, shall deliver, together with the receipt for said duties, a permit for
shipment which shall be exhibited to the officer on guard in the port of ex-
portation.
The duties shall not be refunded, even if the exportation does not take
place.
Goods brought to the custom-house for exportation shall be subject to no
ardieh duty during twenty-four hours; at the expiration of that time, they
shall be subject to that duty, unless it has been impossible to ship them by rea-
son of bad weather, or lack of means of transportation, etc.
Exemption from the payment of ardieh duties on account of vis major,
shall, however, only be granted in the case of goods on which export duties
have previously been paid.
Title V
CONCERNING CIRCULATION AND THE COAST TRADE
Article XXVIII
Shipping of Egyptian Goods
Egyptian goods that are sent by sea from one place to another in the ter-
ritory shall retain their nationality provided that they have touched no for-
eign territory.
If a vessel engaged in the coast trade shall touch, owing to vis major, in a
foreign port, the goods shall not lose their nationality for that reason.
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1317
Article XXIX
Seals to be affixed to packages
Packages conveyed by vessels engaged in the coastwise trade must be sealed
if the custom-house requires it.
Title VI
PROVISIONS RELATIVE TO SURVEILLANCE
Article XXX
Prohibition to put in where there is no custom-house
All vessels, no matter what may be their tonnage, are hereby forbidden,
except in case of vis major, to put in at any point where there is no custom-
house.
Article XXXI
Surveillance in the Suez Ship-Canal and at the Mouths of the Nile
In the Suez Ship-Canal and in the lakes which it crosses, as well as at the
mouths of the Nile, it is forbidden to land or to communicate with the shore
so as to be able to take in or discharge cargo without being observed by the
custom-house officers, except in case of vis major.
It shall be the duty of the custom-house officers to stop and search any
sailing vessel that may appear suspicious, and to take it to the nearest custom-
house, making a report of their proceedings.
Article XXXII
Surveillance at Sea
Custom-house officers may, within a radius of ten kilometers from the
shore, board vessels of less than two hundred tons' burden, and demand the
presentation of the manifest and other papers relating to the cargo.
If a vessel bound to an Egyptian port has no manifest or shows any indica-
tions of fraudulent practices, the officers must accompany her to the nearest
custom-house, drawing up a report of their proceedings.
If any vessel of less than two hundred tons' burden, bound to a foreign
port, is found within the aforesaid radius without a manifest, or with a mani-
fest that does not contain the customary statements, the custom-house officers
may escort her outside of the radius of surveillance, or, if there is any indica-
tion of fraud, they may compel her to accompany them to the nearest or most
convenient custom-house, drawing up a report of their action.
The custom-house officers, the officers of the vessels engaged in the Egyptian
postal-service, and the officers of national vessels may board any sailing or
steam vessel of less than two hundred tons' burden that has cast anchor
1318 UNITED ARAB REPUBLIC
or that is found tacking within ten kilometers from the shore, without being
able to furnish evidence of vis major.
If they find any goods on board whose importation or exportation is pro-
hibited, they shall summarily confiscate the same, drawing up a report
stating that the vessel has been found within the limits of the radius of sur-
veillance, at anchor without any necessity therefor, or sailing in such a
manner as was justified neither by its destination nor by a case of vis major.
If the officers of the custom-house, those of the vessels engaged in the
Egyptian postal-service or those of national vessels give chase to a vessel of
less than two hundred tons' burden, and if the latter refuses to allow them
to board her, they shall hoist the flag and pennant of their vessel, and warn
the refractory vessel by means of a blank shot. If she does not yet stop, a can-
non ball shall be fired among her sails. After this double warning, the pursu-
ing vessel shall make serious use of the arms which she has on board. The
pursuit may be continued, and the vessel may be seized outside of the radius
of ten kilometers.
For vessels of more than two hundred tons' burden, the surveillance shall
be confined to observation of their movements along the shore; in case of an
attempt to set goods ashore, or to put them in boats, or to transship them, the
aforesaid officers may compel the vessel to accompany them to the nearest or
most convenient custom-house, drawing up a report of the infraction com-
mitted by it.
The aforesaid officers shall search no vessel of any kind that belongs to a
foreign power ; they shall confine themselves to watching its movements, and
in case there is any indication of smuggling, they shall report what they have
seen to the Director of Customs.
In the cases above provided for, the reports of the searches must be com-
municated to the consular officer under whose jurisdiction the offender is, if
that officer shall so request.
Title VII
CONCERNING SMUGGLING
Article XXXIII
After any seizure for smuggling, the Collector of Customs and three or four
of the principal custom-house officers, shall resolve themselves into a custom-
house commission, and, after having investigated the case, they shall decide
whether there is ground for confiscation and for the imposition of a fine.
The goods may be confiscated, as well as all means of transportation and
all instruments used in smuggling.
A fine may be imposed, whatever be the nature of the goods seized ; it shall
be equal to double the amount of the import duty; and, in case of a repetition
of the offence, it may be increased to four times, and afterwards to six times
that amount.
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1319
The decision of the custom-house commission shall mention the date of the
seizure, the circumstances under which it took place, the names and rank of
the seizors, the witnesses and the accused, the kind and quantity of the goods,
and the grounds for the decision reached.
A copy of this decision, signed by the Collector or some person deputed to
do so by him, shall, on the day on which it is made or the day following, be
sent directly by the custom-house to the consular or native officer under
whose jurisdiction the accused is.
In default of objection made by the accused and communicated to the
custom-house within fifteen days from the date of the delivery of the copy to
the officer aforesaid, this decision shall become final, and no appeal therefrom
shall be admissible.
If the accused thinks proper to object, his objection shall be laid before the
commercial court having jurisdiction in the case.
The decisions of the custom-house commission shall be received as evidence
until the statements therein made shall be charged with falsity.
The reports made by custom-house officers shall be received as evidence
until the contrary shall have been proved.
If the final judicial decision rendered relative to the objection declares the
decision of the custom-house commission to be erroneous, the owner of the
goods shall be entitled to an indemnity equal to the damage that he may have
suffered in consequence of the seizure.
If the objection is set aside, the accused shall be liable to a fine equal to ten
per cent, of the value of the articles seized.
An appeal cannot legally be taken unless the party shall have deposited
the amount of the condemnations resulting from the judgment in first instance
and the amount of the said fine of ten per centum.
The Customs Department shall always have power to compromise with the
accused by reducing the penalty to a fine which shall be fixed according to
circumstances, but which shall in no case be less than double the amount of
the import duty.
Article XXXIV
Penalties in cases of smuggling shall be applicable to the perpetrators, in-
stigators, transporters and accomplices of the frauds and to the owners of
the goods, jointly and severally.
Article XXXV
In addition to ordinary cases of attempted smuggling, the following shall
be considered as contraband, and shall be treated according to the above
rules :
1. Foreign goods landed irregularly in ports or on coasts, having been
taken out of their way or discharged before reaching the first custom-house.
1320 UNITED ARAB REPUBLIC
2. Foreign goods attempted to be discharged or transshipped without
having been manifested, or those found on board of vessels whose burden does
not exceed fifteen tons, bound to an Egyptian port and having no manifest.
3. Foreign goods found in the Suez ship-canal and the lakes which it
crosses, or in the mouths of the Nile, on board of vessels which put in to, or
which are in communication with the shore, without the written authority of
the Customs Department ; or on board of vessels which run along the shore,
cast anchor and put in where there is no custom-house.
Goods found as above shall, however, not be considered as contraband if
proper evidence of vis major can be furnished.
4. Foreign goods found on the person, among baggage, in boats or car-
riages, or concealed in packages, articles of furniture or other goods, in such
a manner as to furnish ground for the presumption of an intent to avoid the
payment of duties thereon.
5. Foreign goods removed from the custom-house without a permit
to do so.
6. Foreign goods deposited in the desert beyond the customs boundary,
and in such a manner as to be suspicious.
7. Foreign goods re-exported by sea or shipped on board of vessels en-
gaged in the coastwise trade, without a rajtieh, when said vessels are of less
than five tons' burden.
8. Foreign goods which, after the delivery of the tamkin at their de-
parture, shall be loaded upon vessels, or, generally, all goods liable to the
export duty that shall be exported or attempted to be exported without
having been presented at the custom-house.
In this case the fine to be imposed in addition to the confiscation shall
be equal to sixteen times the export duty, and may, in case of a repetition
of the offense, be increased to double, and afterwards to sixfold that amount.
All goods prohibited by the Government, together with tobacco and tom-
bac, sold on the coast or in the interior, in violation of the regulations, or found
at any point without a keshf, rajtieh or seal, shall likewise be considered as
contraband, and shall be treated according to the same rules.
Title VIII
CONCERNING INFRACTIONS
Article XXXVI
Infractions shall be punished by a fine that shall be collected, jointly and
severally, from the perpetrators thereof, and from their instigators and ac-
complices, and also from the owners of the goods and captains of the vessels;
the latter shall, moreover, be responsible for any infractions that may be com-
mitted by the crew.
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1321
The goods and vessels shall serve as a guarantee for the amount of the
duties and fines, without prejudice to the provisions of article VIII., para-
graph 5, or to any other action.
The fine may not be imposed if proper evidence is furnished of the existence
of vis major; the evidence must, in this case, be duly furnished before the
withdrawal of the goods or the departure of the vessels; the custom-house
may even grant an extension of the time.
Article XXXVII
Any infraction of the provisions of these regulations, or of any others that
have been regularly adopted, when such infraction is not included in one of
the cases hereinafter provided for, shall be punished by a fine, the amount of
which shall be fixed by the Collector of Customs. Such fine shall not be less
than one-half the amount of the duty, or more than six times the same
amount, and, in cases not provided for, and not connected with an importa-
tion or exportation of goods, the fine shall be from one hundred to five thou-
sand Turkish piasters.
The collection of these fines shall be independent of the duties payable
according to the treaties, laws and regulations.
Article XXXVIII
If any differences in excess exist between the goods and the statements made
in the manifest, the captain shall pay a fine which shall not be less than the
amount of the duty, or more than three times the said amount for each pack-
age not mentioned in the manifest. If any of the packages in excess have the
same marks and numbers as other packages mentioned in the manifest, those
that are subject to the highest duty shall be considered as not manifested.
For each package mentioned in the manifest and not presented, there shall
be collected, according to article XVII., a fine which, in addition to the duty
(which shall be estimated according to the statements contained in the docu-
ments presented) , shall not be less than one hundred or more than one thou-
sand Turkish piasters.
The fine in the case of goods laden loosely according to the manifest, may be
raised to five thousand Turkish piasters.
Nevertheless, discrepancies in excess not exceeding ten per cent., and
deficiencies not exceeding five per cent, shall entail no fines.
Article XXXIX
For any difference in quantity, value, weight or quality between the writ-
ten declaration and the goods presented for examination, a fine shall be
collected which shall not be less than one fifth of the amount of the duty,
or more than the whole of that amount.
1322 UNITED ARAB REPUBLIC
There shall be no ground for the imposition of any fine if the differences
in quantity, weight or value do not exceed five per cent.
Article XL
Captains of vessels shall be liable to a fine of from one thousand to ten
thousand Turkish piasters, in the following cases :
1 . If they shall refuse to produce the legal manifest of their cargo, or if
they shall have no such manifest.
2. If they shall refuse to allow the custom-house officers to come on board.
3. If they shall sail or attempt to sail without permission from the
custom-house.
4. If they shall violate any other provision of article XV.
Always without prejudice to cases of contraband.
The fine shall be from four hundred to two thousand Turkish piasters in
the following cases :
1 . In case the vessels are not moored in the places designated.
2. In case the discharge, lading and shipment of goods take place with-
out the permission of the custom-house, or not in the presence of the custom-
house officers.
3. In case of delay in the presentation of the manifest.
4. In case of a failure to present at the custom-house the raftieh or elm-
khaber, which must accompany goods carried by vessels engaged in the coast-
ing trade, or conveyed from one custom-house to another by sea.
5. In case of the shipment of goods without permission, before the opera-
tions connected with the discharge are finished.
Article XLI
The fine shall be from one hundred to one thousand Turkish piasters in
case the previous declaration provided for by articles VI., XVIII. and
XXVII. of these regulations shall not have been made.
Article XLII
The fine shall be from four hundred to four thousand Turkish piasters:
1 . In case of an attempt to import or export goods otherwise than accord-
ing to the rules prescribed, or during the night in the case of goods exempt
from the import or export duty.
2. In case the goods sent to another custom-house, or in transit, shall
arrive at the custom-house to which they were bound after the expiration
of the period mentioned in the raftieh or elm-khaber, without proper justi-
fication of the delay.
3. In case packages that have been examined and shipped in transit, or
COMMERCIAL AND CUSTOMS RELATIONS— NOVEMBER 16, 1884 1323
that are bound to another custom-house, shall be tampered with on the
outside.
4. In case of delay on the part of those who have furnished security in
making the payments prescribed by article XXV., paragraph 3.
Title IX
CONCERNING SEARCHES
Article XLIII
In case fraud is suspected, officers may search the houses or stores of
private individuals.
Such searches shall not, however, be made otherwise than in pursuance of
a written order from the Collector of Customs, and in presence :
1. Of an officer whose rank is above that of Inspector, at least; 2. Of a
representative of the Government, and, in cities in which Municipalities are
established, of a representative of the municipal authority.
Searches must be made between the rising and setting of the sun.
A duplicate of the order directing a search shall be sent to the consular
officer interested, who may at once send a representative, if he thinks proper.
The failure of that officer to do so, shall not, however, cause any delay in,
or be any obstacle to the search.
The statement prepared by the custom-house officers must give the state-
ments and observations of the person in whose house the search has been
made, or in case of his absence, the statements and observations of his repre-
sentatives or domestics.
The interested party, or, in his absence, his representatives or domestics,
shall be requested to sign the statement.
Article XLIV
Former provisions
All provisions at variance with those contained in the foregoing regulations
are hereby repealed.
The Egyptian Government may adopt, for the proper management of
the service and for the repression of fraud, such other measures, similar to
the foregoing, as may have been shown by experience to be desirable.
A. Caillard
Director General of Custom-Houses
Examined and approved :
MUSTAPHA FEHMY
Minister of Finance
Cairo, April 2d, 1884
1324 UNITED ARAB REPUBLIC
Explanation of foreign terms employed in the Egyptian customs regulations
Ardieh: Storage duty.
Elm-Khaber: A carefully prepared, detailed, and descriptive list.
Keshf: Invoice or list of goods.
Raftieh: Receipt for payment of customs duties.
Tamkin: Permit to sail.
Vis major: A condition entirely beyond the control of the person concerned.
ARBITRATION
Treaty signed at Washington August 27, 1929
Senate advice and consent to ratification January 20, 1930
Ratified by the President of the United States January 23, 1930
Ratified by Egypt June 25, 1932
Ratifications exchanged at Washington August 24, 1932
Entered into force August 24, 1932
Proclaimed by the President of the United States August 25, 1932
47 Stat. 2130; Treaty Series 850
The President of the United States of America and His Majesty the King
of Egypt
Determined to prevent so far as in their power lies any interruption in the
peaceful relations now happily existing between the two nations;
Desirous of reaffirming their adherence to the policy of submitting to im-
partial decision all justiciable controversies that may arise between them;
and
Eager by their example not only to demonstrate their condemnation of war
as an instrument of national policy in their mutual relations, but also to hasten
the time when the perfection of international arrangements for the pacific
settlement of international disputes shall have eliminated forever the pos-
sibility of war among any of the Powers of the world ;
Have decided to conclude a treaty of arbitration and for that purpose
they have appointed as their respective Plenipotentiaries
The President of the United States of America:
Henry L. Stimson, Secretary of State of the United States of America;
His Majesty the King of Egypt :
His Excellency, Mahmoud Samy Pasha, His Envoy Extraordinary and
Minister Plenipotentiary near the Government of the United States of
America, Grand Officer of the Order of the Nile;
who, having communicated to each other their full powers found in good
and due form, have agreed upon the following articles :
Article I
All differences relating to international matters in which the High Con-
tracting Parties are concerned by virtue of a claim of right made by one
1325
1326 UNITED ARAB REPUBLIC
against the other under treaty or otherwise, which it has not been possible to
adjust by diplomacy, which have not been adjusted as a result of reference
to an appropriate commission of conciliation, and which are justiciable in
their nature by reason of being susceptible of decision by the application of
the principles of law or equity, shall be submitted to the Permanent Court of
Arbitration established at The Hague by the Convention of October 18,
1907,1 or to some other competent tribunal, as shall be decided in each case
by a special signed agreement, which special agreement shall provide for the
organization of such tribunal if necessary, define its powers, state the ques-
tion or questions at issue, and settle the terms of reference.
The special agreement in each case shall be made on the part of the
United States of America by the President of the United States of America
by and with the advice and consent of the Senate thereof, and on the part of
Egypt in accordance with its constitutional laws.
Article II
The provisions of this treaty shall not be invoked in respect of any dispute
the subject matter of which
(a) is within the domestic jurisdiction of either of the High Contracting
Parties,
( b ) involves the interests of third Parties,
( c ) depends upon or involves the maintenance of the traditional attitude
of the United States concerning American questions, commonly described
as the Monroe Doctrine.
Article III
The present treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate thereof, and by
Egypt in accordance with its constitutional laws.
The ratifications shall be exchanged at Washington as soon as possible, and
the treaty shall take effect on the date of the exchange of the ratifications.
It shall thereafter remain in force continuously unless and until terminated
by one year's written notice given by either High Contracting Party to the
other.
In faith whereof the respective Plenipotentiaries have signed this treaty
in duplicate, and hereunto affixed their seals.
Done at Washington the 27th day of August in the year one thousand nine
hundred and twenty-nine.
Henry L. Stimson [seal]
M. Samy [seal]
1 TS 536, ante, vol. l,p. 577.
CONCILIATION
Treaty signed at Washington August 27, 1929
Senate advice and consent to ratification January 20, 1930
Ratified by the President of the United States January 23, 1930
Ratified by Egypt June 25, 1932
Ratifications exchanged at Washington August 24, 1932
Entered into force August 24, 1932
Proclaimed by the President of the United States August 25, 1932
47 Stat. 2132; Treaty Series 851
The President of the United States of America and His Majesty the King
of Egypt, being desirous to strengthen the bonds of amity that bind them
together and also to advance the cause of general peace, have resolved to
enter into a treaty for that purpose, and to that end have appointed as their
plenipotentiaries :
The President of the United States of America:
Henry L. Stimson, Secretary of State of the United States of America ;
His Majesty the King of Egypt :
His Excellency Mahmoud Samy Pasha, His Envoy Extraordinary and
Minister Plenipotentiary near the Government of the United States of Amer-
ica, Grand Officer of the Order of the Nile ;
Who, after having communicated to each other their respective full
powers, found to be in proper form, have agreed upon and concluded the
following articles :
Article I
Any disputes arising between the Government of the United States of
America and the Government of Egypt, of whatever nature they may be,
shall, when ordinary diplomatic proceedings have failed and the High Con-
tracting Parties do not have recourse to adjudication by a competent tribunal,
be submitted for investigation and report to a permanent International Com-
mission constituted in the manner prescribed in the next succeeding Article ;
and they agree not to declare war or begin hostilities during such investiga-
tion and before the report is submitted.
Article II
The International Commission shall be composed of five members, to be
appointed as follows: One member shall be chosen from each country, by
1327
308-582—73 85
1328 UNITED ARAB REPUBLIC
the Government thereof; one member shall be chosen by each Government
from some third country ; the fifth member shall be chosen by common agree-
ment between the two Governments, it being understood that he shall not be
a citizen of either country. The expenses of the Commission shall be paid by
the two Governments in equal proportions.
The International Commission shall be appointed within six months after
the exchange of ratifications of this treaty; and vacancies shall be filled
according to the manner of the original appointment.
Article III
In case the High Contracting Parties shall have failed to adjust a dispute
by diplomatic methods, and they do not have recourse to adjudication by a
competent tribunal, they shall at once refer it to the International Commis-
sion for investigation and report. The International Commission may, how-
ever, spontaneously by unanimous agreement offer its services to that effect,
and in such case it shall notify both Governments and request their coopera-
tion in the investigation.
The High Contracting Parties agree to furnish the Permanent Interna-
tional Commission with all the means and facilities required for its investiga-
tion and report.
The report of the Commission shall be completed within one year after the
date on which it shall declare its investigation to have begun, unless the High
Contracting Parties shall limit or extend the time by mutual agreement. The
report shall be prepared in triplicate; one copy shall be presented to each
Government, and the third retained by the Commission for its files.
The High Contracting Parties reserve the right to act independently on the
subject matter of the dispute after the report of the Commission shall have
been submitted.
Article IV
The present treaty shall be ratified by the President of the United States
of America by and with the advice and consent of the Senate thereof, and by
Egypt in accordance with its constitutional laws.
The ratifications shall be exchanged at Washington as soon as possible,
and the treaty shall take effect on the date of the exchange of the ratifications.
It shall thereafter remain in force continuously unless and until terminated
by one year's written notice given by either High Contracting Party to the
other.
In faith whereof the respective Plenipotentiaries have signed this treaty
in duplicate, and hereunto affixed their seals.
Done at Washington the 27th day of August in the year one thousand nine
hundred and twenty-nine.
Henry L. Stimson [seal]
M. Samy [seal]
MOST-FAVORED-NATION TREATMENT IN
CUSTOMS MATTERS
Exchange of notes at Cairo May 24, 1930
Entered into force May 24, 1930
Supplemented by understanding of May 4 and August 15, 1946 l
47 Stat. 2583 ; Executive Agreement Series 5
The Minister of Foreign Affairs to the American Minister
[translation]
Ministry of Foreign Affairs
no. 1.-/3 (32) Cairo, May 24, 1930
Monsieur le Ministre,
Referring to correspondence exchanged between Your Excellency and this
Ministry with regard to the conclusion of a provisional commercial agreement
between the United States of America and Egypt, I have the honor to inform
Your Excellency that the Egyptian Government is willing to apply uncondi-
tional most favored nation treatment to all products, of the soil and industry,
originating in the United States of America imported into Egypt and des-
tined either for consumption or re-exportation or in transit. The said treat-
ment will also be applied provisionally to products imported into Egypt
through countries which have not completed commercial agreements with
Egypt.
This regime is accorded by Egypt on condition of perfect reciprocity and
with the exception of the regime accorded to Sudanese products, or the
regime which might be applied by Egypt to products of certain border
countries by virtue of regional conventions and with the exception of the
treatment which the United States accords or may hereafter accord to the
commerce of Cuba or of any of the territories or possessions of the United
States or the Panama Canal Zone or the treatment which is or may hereafter
be accorded to the commerce of the United States with any of its territorial
boundaries or possessions or to the commerce of its territories or possessions
with one another.
The present arrangement does not apply to prohibitions or restrictions of
^IAS 1572, post, p. 1362.
1329
1330 UNITED ARAB REPUBLIC
a sanitary character or designed to protect human, animal, or plant life or
regulations for the enforcement of police or revenue laws.
The present agreement will enter into force as soon as Your Excellency
is good enough to confirm the consent of your Government thereto and
shall continue in force until ninety days after notice of its termination shall
have been given by either party unless sooner terminated by mutual agree-
ment. If, however, either party should be prevented by the future action
of its Legislature from carrying out the terms of the agreement the obliga-
tions thereof shall thereupon lapse.
I avail myself of the occasion to renew to you, Mr. Minister, the assurance
of my high consideration.
The Minister for Foreign Affairs
Wacyf Boutros Ghali
His Excellency
Mr. Franklin Mott Gunther
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America
The American Minister to the Minister of Foreign Affairs
Legation of the
United States of America
no. 230 Cairo, May 24, 1930
Mr. Minister,
I have the honor to acknowledge the receipt of Your Excellency's Note
No. 1. 7/3 (32), of May 24, 1930, the agreed English text of which is as
follows :
[For text of Egyptian note, see above.]
In reply I have the honor to inform Your Excellency of my Government's
acquiescence in the terms of the above mentioned Note thus establishing
a Provisional Commercial Accord, and avail myself of the occasion to
renew to you, Mr. Minister, the assurance of my high consideration.
Franklin Mott Gunther
American Minister
His Excellency
Wacyf Boutros Ghali Pasha
Minister for Foreign Affairs
The Royal Egyptian Ministry for Foreign Affairs
Cairo
239
NARCOTIC DRUGS
Exchange of notes at Alexandria June 20, 1930, and at Cairo August 26,
1930
Entered into force August 26, 1930
Department of State files
The American Legation to the Ministry for Foreign Affairs
Note
The Legation of the United States of America presents its compliments to
the Royal Egyptian Ministry for Foreign Affairs and has the honor to state
that it is in receipt of a communication from the Honorable the Secretary
of State, Washington, D.C., informing it of the desire expressed by the
Treasury Department of the United States that, with a view to bringing
about a stricter control of the illicit traffic in narcotic drugs, a closer coopera-
tion be established between the administrative officials of the United States
and those of certain foreign countries.
To this end the Legation has the honor to enquire whether the Royal
Egyptian Government would be disposed, as has been done through in-
formal arrangements already accepted by seventeen countries, to arrange
for:
1. The direct exchange between the Treasury Department and the
corresponding office in Egypt of information and evidence with reference to
persons engaged in the illicit traffic. This would include such information
as photographs, criminal records, finger prints, Bertillon measurements, de-
scription of the methods which the persons in question have been found to
use, the places from which they have operated, the partners they have
worked with, etc.
2. The immediate direct forwarding of information by letter or cable
as to the suspected movements of narcotic drugs, or of those involved in
smuggling drugs, if such movements might concern the other country. Unless
such information as this reaches its destination directly and speedily it is
useless.
3. Mutual cooperation in detective and investigating work.
1331
1332 UNITED ARAB REPUBLIC
The Legation has the honor to add in this connection that the officer of the
United States Treasury Department who would have charge, on behalf of
the American Government, of the cooperation in the suppression of the illicit
traffic in narcotics is Mr. H. J. Anslinger, whose mail and telegraph address
is Assistant Commissioner of Prohibition, Treasury Department, Washing-
ton, D.G. In case the proposed arrangement meets with the approval of the
Royal Government the Legation would be pleased to be informed of the
name of the official with whom Mr. Anslinger should communicate.
The Legation has the honor to enquire also, in the event that the proposed
arrangement proves acceptable to the Royal Government, whether the Royal
Ministry would have any objection to the publication of the note of accept-
ance.
As of interest in this connection the Legation has the honor to enclose a
copy of Bulletin of Treaty Information No. 5, July 1929, published
by the Department of State, Washington, which contains the texts of the
arrangements entered into between the United States and other Govern-
ments.
The Legation of the United States of America avails itself of the oppor-
tunity to renew to the Royal Egyptian Ministry for Foreign Affairs the as-
surance of its high consideration.
Alexandria, Egypt
June 20, 1930.
The Ministry for Foreign Affairs to the American Legation
[translation]
MINISTRY FOR FOREIGN AFFAIRS
OFFICE OF POLITICAL AND
COMMERCIAL AFFAIRS
f°73f-81/4 Cairo, August 26, 1930
Note
The Ministry for Foreign Affairs presents its compliments to the Lega-
tion of the United States of America and, referring to its Note No. 40.2/6
(42 ) of June 20, 1930, has the honor to inform the Legation that it perceives
no objection to adopting the proposed procedure, between the interested de-
partments of the two Governments, for the direct and immediate exchange
of information regarding the illicit traffic in narcotic drugs.
The Central Narcotics Intelligence Bureau is the office charged with the
control of the illicit traffic of drugs in Egypt. It is attached to the Government
at Cairo and is under the direction of H. E. Russel Pasha, Commandant of
the Cairo City Police. His telegraphic address is "Kharab".
NARCOTIC DRUGS— JUNE 20 AND AUGUST 26, 1930 1333
In bringing the above to the knowledge of the Legation of the United
States of America, the Ministry for Foreign Affairs has the honor to state that
it has no objection to the publication of the present Note. It seizes the op-
portunity to renew to the Legation the assurance of its high consideration.
To the
Legation of the United States of America
ARBITRATION OF GEORGE J. SALEM CLAIM
Agreement signed at Cairo January 20, 1931
Entered into force January 20, 1931
Terminated upon fulfillment of its terms 1
47 Stat. 2700; Executive Agreement Series 33
Whereas the Government of the United States of America has presented
to the Royal Government of Egypt a claim on behalf of George J. Salem
for damages resulting from acts of the Egyptian authorities;
Whereas the Royal Government of Egypt has denied its liability in the
premises; and
Whereas the two Governments are equally committed to the policy of
submitting to adjudication by a competent tribunal all justiciable contro-
versies that arise between them which do not lend themselves to settlement
by diplomatic negociations,
Therefore the undersigned William M. Jardine, Envoy Extraordinary
and Minister Plenipotentiary of the United States and His Excellency Abdel
Fattah Yehia Pasha, Minister for Foreign Affairs of the Royal Government
of Egypt duly empowered therefore by their respective Governments, have
agreed upon the stipulations contained in the following articles:
Article 1
The claim of the United States against the Royal Government of Egypt
arising out of treatment accorded George J. Salem an American citizen by
Egyptian authorities shall be referred to an Arbitral Tribunal in conformity
with the conditions herein-after stated, the decision of the said Tribunal
to be accepted by both Governments as a final, conclusive and unappealable
disposition of the claim.
Article 2
The Tribunal shall be composed of three members, one selected by the
Government of the United States, one by the Government of Egypt and
1 On June 8, 1932, the arbitral tribunal declared that the Royal Government of Egypt
was not liable for damages (Salem Claim: Arbitration Between the United States and
Egypt, Department of State Arbitration Series No. 4 (6), p. 67).
1334
ARBITRATION OF CLAIM— JANUARY 20, 1931 1335
the third who shall preside over the Commission should be selected by mutual
agreement between the two Governments. If the two Governments shall
not agree within one month from the date of the signature of this agreement
in naming such third member then he shall be designated by the President
of the Permanent Administrative Council of the Permanent Court of Arbi-
tration at The Hague.
Article 3
The questions to be decided by the Tribunal are the following: first, is
the Royal Government of Egypt under the principles of law and equity
liable in damages to the Government of the United States of America on
account of treatment accorded to the American citizen George J. Salem?
Second, in case the Arbitral Tribunal finds that such liability exists what
sum should the Royal Government of Egypt in justice pay to the Govern-
ment of the United States in full settlement of such damages?
Article 4
The procedure to be followed by the two Governments and by the Tri-
bunal shall be as follows: Within ninety days from the date of the signing
hereof the Government of the United States and the Government of Egypt
shall respectively file with the Tribunal and with the Foreign Office of the
other Government a statement of its case with supporting evidence.
Within ninety days from the expiration of such period the two Govern-
ments shall in like manner file their respective counter-cases with supporting
evidence with the Tribunal and with the Foreign Office of the other
Government.
Within sixty days from the expiration of this latter period each Govern-
ment shall file in the same manner a reply to the counter-case of the other
Government or notice that no such reply will be filed. Such replies if made
shall be limited to the treatment of questions already developed in the cases
and counter-cases and no new issues shall be raised or treated of therein.
Article 5
The two Governments shall have the right to submit to the Tribunal both
orally and in writing such arguments as they may desire but briefs of all writ-
ten arguments shall be filed with the Tribunal and with the agent of the
other Government not less than ten days before the time set for oral
argument.
Ample time shall be allowed the representatives of both Governments to
make oral arguments of the case before the Tribunal. Such arguments shall
take place in Vienna and shall begin not more than sixty days from the
expiration of the date for filing replies or notices that no replies will be filed.
1336 UNITED ARAB REPUBLIC
Article 6
Each Government shall designate an agent and such counsel as it may desire
to represent it in the presentation of the case to the Tribunal and otherwise.
Article 7
The decision of the Tribunal shall be given within two months from the
date of the conclusion of the oral arguments and in case an award is made
against the Royal Government of Egypt the amount thereof shall be paid
to the Government of the United States within ninety days from the date
of the said award.
Article 8
All written proceedings in connection with this arbitration shall be in
both the French and English languages. The oral arguments before the
arbitral commission may be made in either English or French but a trans-
lation thereof shall be submitted to the Tribunal and to the agent of the
other Government at the end of each argument.
Article 9
Each Government shall bear its own expenses including compensation
of the arbitrator named by it.
The compensation of the third Arbitrator and general expenses of the
arbitration shall be borne by the two Governments in equal proportions.
Done in duplicate in the English and French languages at Cairo the
twentieth day of January A.D. 1 93 1 .
William M. Jardine
A. Yehia
CUSTOMS PRIVILEGES FOR FOREIGN
SERVICE PERSONNEL
Exchange of notes at Washington March 16 and April 7 , 1932
Entered into force April 7, 1932
Department of State files
The Egyptian Minister to the Secretary of State
Royal Egyptian Legation
Washington, D.C.
March sixteenth, 1932
Sir:
I have the honour to forward to Your Excellency, herewith, a copy of Ar-
ticle 9 of the Egyptian Customs Regulations concerning the exemption from
customs duties enjoyed by foreign diplomatic and consular officers assigned
to Egypt.
Under these regulations foreign consular officers who are not engaged in
any other business are accorded the privilege of free entry of their personal
and household effects — not only upon their arrival in Egypt to take up their
official duties, or return from leave of absence, or when en route through,
to, and from posts in other countries, but also when, during their residence,
those officers import such personal and household effects for their own use.
I have no doubt that Your Excellency will consider it only fair that our
consuls should be entitled to similar exemptions and privileges. My Gov-
ernment, therefore, will appreciate very much the granting of the aforemen-
tioned exemptions and privileges, by the United States, to the Egyptian Con-
suls in New York City and San Francisco.
While thanking Your Excellency for whatever service you will render in
this case, I avail this opportunity to renew the expression of my highest
consideration.
Sesostris Sidarouss
His Excellency
The Secretary of State
Washington
AB:W
Enclosure
1337
1338 UNITED ARAB REPUBLIC
ENCLOSURE
[translation]
Article 9
The following shall be exempt from inspection and payment of import and
export duties:
Articles for personal use and personal effects belonging to heads or act-
ing heads of legations, consulates general, consulates, or vice consulates
if they are career (missi) officers and are not engaged in any other
profession or in trade or industry and do not own or manage any real prop-
erty in Egypt.
The same exemption shall be granted in each legation to two officers of
that legation and in each consulate to an officer of that consulate at the
request of the minister plenipotentiary or the consul, provided the aforesaid
officers are in the category of officials who are appointed by sovereign decree
and are strictly forbidden to engage in trade.
A certified true copy.
February 16, 1932
The Secretary of State to the Egyptian Minister
April 7, 1932
Sir:
I have the honor to acknowledge the receipt of your note of March 16,
1932, forwarding a copy of Article 9 of the Egyptian Customs Regulations,
under which foreign consular officers assigned to Egypt who are not engaged
in any other business are accorded the privilege of free entry of their per-
sonal and household effects, not only upon their arrival in Egypt to take up
their official duties, or return from leave of absence, or when en route through,
to and from posts in other countries, but also when during their residence
such officers import personal and household effects for their own use.
In accordance with your request that in view of these Regulations the
Egyptian Consuls in New York and San Francisco be granted the privilege
of importing articles for their personal use free of duty, the Department com-
municated with the Treasury Department on the subject and has now re-
ceived a reply from that Department in which it is stated that no objection is
perceived to extending the privilege of free importation of articles for their
personal and household use during official residence, on a reciprocal basis,
to Egyptian consular officers assigned to the United States, who are Egyptian
nationals and not engaged in any other business, and who are not unsalaried
officers (honorary consuls), with the understanding that no article the im-
CUSTOMS PRIVILEGES— MARCH 16 AND APRIL 7, 1932 1339
portation of which is prohibited by the laws of this country shall be imported
by the persons in question.
Therefore, upon the request of the Egyptian Legation in each instance, the
Department will have pleasure in arranging through the Treasury Depart-
ment for the free importation of articles for the personal and family use of
Egyptian consuls in the United States under the provisions outlined in the
preceding paragraph.
Accept, Sir, the renewed assurances of my highest consideration.
For the Secretary of State:
Wilbur J. Carr
Sesostris SroAROuss Pasha
Minister of Egypt
VISA FEES
Exchanges of notes at Cairo August 15 and 24 and October 5, 16, and
21, 1933
Entered into force November 1, 1933
Terminated September 1, 1963, by agreement of June 3 and August 1,
1963 x
Department of State files
The American Minister to the Minister of Foreign Affairs
No. 422
Excellency:
I have the honor to refer to Note No. 83/122/10 (30) of June 12, 1933,
of Your Excellency's predecessor, in which he was good enough to set forth
the schedule of visa fees imposed by the Royal Egyptian Government for
entry or transit through Egypt as follows:
( 1 ) Visa of passports for entry into Egypt P.T. 38.575 ( 10 gold francs)
(2) Visa of passports for transit through Egypt P.T. 3.8575 (1 gold
franc )
It is observed that these fees are applicable to the citizens or subjects of
those countries which impose a like schedule of fees in respect of Egyptian
subjects, those countries imposing higher rates being treated upon the basis
of the principle of reciprocity.
In consideration of the principle of reciprocity governing the application
of fees for the visaing of passports by the Royal Egyptian Government, I have
the honor to state that, having acquainted my Government with the contents
of the communication under reference, I have been authorized by my
Government to conclude a reciprocal arrangement with the Royal Egyptian
Government by exchange of notes in the following terms :
1. The Government of the United States of America will, from the
fifteenth of October, 1933,2 collect no fee for executing applications for the
visaing of passports in the case of subjects of the Royal Egyptian Govern-
ment desiring to visit the United States (including the insular possessions)
M4UST 1 191 ;TIAS 5416.
* See also note dated Oct. 16, 1933, post, p. 1345.
1340
VISA FEES— AUGUST 15-OCTOBER 21, 1933 1341
who are not "immigrants" as defined in the Immigration Act of the United
States of 1 924 ; 3 namely :
"(1) a government official, his family, attendants, servants, and em-
ployees; (2) an alien visiting the United States temporarily as a tourist or
temporarily for business or pleasure; (3) an alien in continuous transit
through the United States; (4) an alien lawfully admitted to the United
States who later goes in transit from one part of the United States to another
through foreign contiguous territory; (5) a bona fide alien seaman serving
as such on a vessel arriving at a port of the United States and seeking to
enter temporarily the United States solely in the pursuit of his calling as
a seaman; and (6) an alien entitled to enter the United States solely to
carry on trade under and in pursuance of the provisions of a present existing
treaty of commerce and navigation."
and from the same date the Royal Egyptian Government will collect no
fee for executing applications for the visaing of passports of non-immigrant
citizens of the United States of like classes desiring to visit Egypt.
2. From the fifteenth day of October, 1933, the Government of the
United States of America will collect no fee for the visaing of passports in
the case of subjects of the Royal Egyptian Government desiring to visit the
United States (including the insular possessions) who are non-immigrants
within the meaning of subdivision ( 1 ) of Section 3 of the Immigration Act
of 1924; and from the same date the Royal Egyptian Government will
collect no fee for the visaing of passports of non-immigrant citizens of the
United States as therein defined.
3. From the fifteenth day of October, 1933, the Government of the
United States of America will collect a fee of two dollars only for the visaing
of passports in the case of subjects of the Royal Egyptian Government de-
siring to visit the United States (including the insular possessions) who are
non-immigrant aliens within the meaning of subdivisions (2), (4), (5) and
(6) of Section 3 of the Immigration Act of 1924; and from the same date
the Royal Egyptian Government will collect a fee of the equivalent of two
dollars only for the visaing of passports of non-immigrant citizens of the
United States as therein defined.
4. From the fifteenth day of October, 1933, the Government of the
United States of America will collect a fee of twenty cents only for the visa-
ing of passports in the case of subjects of the Royal Egyptian Government
desiring to visit the United States (including the insular possessions) who
are non-immigrants within the meaning of subdivision (3) of Section 3
of the Immigration Act of 1924; and from the same date the Royal Egyptian
Government will collect a fee of the equivalent of twenty cents only for the
43 Stat. 153.
1342 UNITED ARAB REPUBLIC
visaing of passports of non-immigrant citizens of the United States as therein
defined.
5. It is understood that non-immigrant visas which are issued by the two
Governments to the nationals of the other will be valid for twelve months,
provided the passport to which the visa is affixed is valid for that period, as
well as being valid for any number of entrances, within the period of the
validity of the visa, so long as the non-immigrant status may be maintained
by the holder. The period of validity of the visa relates cnly to the period
within which it may be used and not to the length of the alien's stay.
I avail myself, etc.
W. M. Jardine
Cairo, August 15, 1933
His Excellency
Salib Samv Bey
Royal Egyptian Minister
for Foreign Affairs
Cairo
The Minister of Foreign Affairs to the American Minister
[translation]
MINISTRY FOR FOREIGN AFFAIRS
Department of Administrative Affairs
no. 83/122/10(46) Cairo, August 24, 1933
Mr. Minister:
In reply to the letter of Your Excellency No. 426 of the 15th instant,
by which you were good enough to communicate to me the proposals of
the Government of the United States of America relative to the administra-
tion of visa fees in America and Egypt, I have the honor to bring to Your
Excellency's attention the following :
With regard to proposal ( 1 ) :
Egyptian Consulates collect no fee for the visa application, this fee not
being provided for in the Schedule of Fees of Egyptian consular offices, ap-
proved by Decree of October 28, 1925.
With regard to proposal ( 2 ) :
Cases for exemption from the fees for visas are determined by Article 63
of the Consular Instructions promulgated by an Order of March 12, 1929,
the text of which is as follows :
"Exemption from the fees for visas, affixed to foreign passports, shall be
accorded in the following cases :
VISA FEES— AUGUST 15-OCTOBER 21, 1933 1343
"(1) To holders of foreign diplomatic passports;
"(2) To persons of the following categories:
"(a) Foreign persons of note, savants, religious workers, official dele-
gates of scientific and athletic missions, and these on condition that a request
for exemption should be made by the State or by the Diplomatic or Consular
Agents to which they are subject, or by the Egyptian Chief of Mission on
which the Consulate depends; this exemption is accorded as a matter of
courtesy. "
"(b) Agents and employees of foreign diplomatic and consular corps,
the members of their families and their suites, and these on the basis of
reciprocity.
"(c) The destitute."
With regard to proposals (3) and (4) :
In view of the proposal made by the Government of the United States
of America to reduce to two dollars the fee to be collected for a visa to enter
America, affixed to Egyptian passports, and to twenty cents for a transit visa,
it being understood that these fees do not exceed the fees provided for by the
Egyptian schedule, the Royal Government, on its behalf, is disposed to reduce
the fees to be collected for visas affixed to American passports, to ten gold
francs for the entry visa and to one gold franc for the transit visa.
A transit visa is defined by Articles 22, 23, and 24 of the Regulations for
Passports and Visa, promulgated by Decree of December 8, 1928, to wit:
Article 22. A transit visa is accorded to foreigners subject to the follow-
ing conditions:
( 1 ) That Egypt necessarily lies on the route which the traveller must
follow to reach his country of destination and provided that there exists no
direct route by which he can reach that country without the necessity of pass-
ing through Egyptian territory. First class passengers of good financial stand-
ing who, for purposes of convenience, prefer the route via Egypt to the direct
one, are exempted from the above restriction.
( 2 ) That the passport is endorsed with entry or transit visas for the coun-
tries of destination.
(3) That the traveller is in possession of passage tickets necessary for
his journey.
Travellers whose financial position leaves room for no doubt as to their
ability to continue their journey and who give acceptable reasons justifying
their failure to procure the necessary tickets and visas, are exempted from
conditions (2) and (3). In such cases, the visa should be granted and the
Ministry of the Interior immediately notified.
308-582—73 86
1344 UNITED ARAB REPUBLIC
In cases other than the above, the Ministry of the Interior should be con-
sulted before a visa is issued.
Article 23. A transit visa gives the holder no right to remain in Egypt ex-
cept for the time necessary for resuming the journey. Travellers are not to
apply, during their sojourn in Egypt, for an extension beyond the necessary
time except in cases of force majeure such as sickness.
Article 24. If a ship is available in an Egyptian port to which the traveller
can tranship without disembarking in Egyptian territory, he should do so if
called upon so to do.
With regard to proposal (5):
The Egyptian Government accepts the proposal of the Government of the
United States of America as formulated in the letter of Your Excellency, with
the understanding that the visas granted by the two Governments shall be
valid for twelve months from the date of their issuance, provided that the
passport to which the visa is affixed is valid for the same period. The visa
shall give its holder the right to make an indefinite number of trips during the
period of its validity.
If the Government of the United States decides to put in force the ap-
plication of the fees which it proposed beginning October 15, 1933, 1 would
appreciate it if Your Excellency would be good enough to inform me in time
to take the necessary measures with a view to incorporating the prescribed
fees in the Schedule of Fees to be collected by Egyptian consular officers, on
and after the same date.
Please accept, Excellency, the assurance of my high consideration.
The Minister for Foreign Affairs:
Salib Samy
The American Charge d'Affaires ad interim to the Minister of Foreign
Affairs
No. 442 Cairo, October 5, 1933
Excellency:
I have the honor to acknowledge the receipt of Note No. 83/122/10 (46)
of August 24, 1933, of Your Excellency's predecessor in which he was good
enough to express the concurrence of the Royal Egyptian Government in the
proposals made by the Government of the United States of America in re-
spect of the reciprocal application of a new schedule of fees governing the
issuance of visas to nonimmigrants by each Government to nationals of the
other.
Having acquainted my Government with the contents of the Note under
VISA FEES— AUGUST 15-OCTOBER 21, 1933 1345
reference, I have been instructed to inform Your Excellency that, as of Octo-
ber 15, 1933, the Government of the United States of America will apply
the new schedule of fees for the issuance of visas to nonimmigrant Egyptian
subjects in accordance with the terms of the Legation's Note No. 422 of Au-
gust 15, 1933, as concurred in by the Royal Egyptian Government in the
Note under acknowledgment from His Excellency Salib Samy Bey.
I avail myself of this opportunity to renew to Your Excellency the assurance
of my high consideration.
J. Rives Childs
Charge d' Affaires ad interim
His Excellency
Abdel Fattah Yehia Pasha
Royal Egyptian Minister for Foreign Affairs
Cairo
The American Charge d' Affaires ad interim to the Prime Minister and
Minister of Foreign Affairs
No. 445 Cairo, October 16, 1933
Excellency:
I have the honor to refer to the exchange of Notes which has taken place
touching upon the reciprocal application by the Government of the United
States of America and the Royal Egyptian Government of a new schedule
of fees governing the issuance of visas to nonimmigrants, and to the oral com-
munication conveyed to me on October 12, 1933, regarding the inability of
the Royal Egyptian Government to make the reciprocal agreement effective
before November 1, 1933.
Having informed my Government accordingly, I have been instructed to
notify Your Excellency that application of the visa fee agreement on the
part of the United States of America will likewise be effective as of Novem-
ber 1, 1933.
I avail myself of this opportunity to renew to Your Excellency the assurance
of my high consideration.
J. Rives Childs
Charge d' Affaires ad interim
His Excellency
Abdel Fattah Yehia Pasha
Royal Egyptian Prime Minister and
Minister for Foreign Affairs
Ministry for Foreign Affairs
Cairo
1346 UNITED ARAB REPUBLIC
The Ministry for Foreign Affairs to the American Legation
[translation]
MINISTRY FOR FOREIGN AFFAIRS
Division of Administrative Affairs
No. 83/122/10 (53) Cairo, October 21, 1933
Note
The Ministry for Foreign Affairs has the honor to acknowledge the receipt
of the note No. 445 of October 16, 1933, from the Legation of the United
States of America relative to the date on which the new visa fees will be
effective to the United States of America and Egypt, i.e., November 1st, 1933.
On this same occasion the Ministry for Foreign Affairs has the honor
to transmit to the Legation of the United States of America a copy of the
translation in French of the arrete made to that effect on October 12, 1933.
The Ministry for Foreign Affairs takes this occasion to renew to the Lega-
tion of the United States of America the assurances of its high consideration.
To the Legation of the
United States of America
[translation]
ministry for foreign affairs
Division of Administrative Affairs
No. 83/122/10
ORDER MODIFYING THE TAX TO BE CHARGED FOR VISAS TO ENTER EGYPT
PUT ON AMERICAN PASSPORTS
The Minister for Foreign Affairs
Considering the order of November 5, 1925 fixing a fee of P.T. 200 (10
dollars gold) charged for the visa to enter Egypt put on American passports;
Considering the correspondence exchanged between the Legation of the
United States of America in Egypt and the Ministry for Foreign Affairs,
on the subject of the desire of the Government of the United States of
America to reduce to only $2.00 the fee for visa to enter America put on
Egyptian passports; correspondence of which the last is a letter No. 442 of
October 5, 1933 from the Charge d'Affaires ad interim of the same
Legation.
order :
Art. I. The Order of November 5, 1925, above cited, is annulled. There
will be collected a fee equivalent to 10 gold francs for a visa to enter Egypt
put on American passports.
Art. II. This Order will become effective as from November 1st, 1933.
S. Abdel Fattah Yehia
Bulkeley, October 12, 1933
JURISDICTION OVER CRIMINAL OFFENSES
COMMITTED BY MEMBERS OF ARMED FORCES
Exchanges of notes at Cairo March 2, 1943; proces-verbal of signa-
ture signed March 2, 1943
Entered into force March 2, 1943
Terminated April 28, 1952 l
57 Stat. 1 197; Executive Agreement Series 356
Exchanges of Notes
The Prime Minister and Minister of Foreign Affairs to the American
Minister 2
MINISTERS DES AFFAIRES ETRANGERES
No. p. 4.-55.9/137 c Cairo, March 2, 1943
Your Excellency:
With reference to the request which you have addressed to me in the
name of the Government of the United States of America, I have the honour
to inform you that the Egyptian Government has decided to accord, for
the duration of the war, immunity from jurisdiction in criminal matters to
members of the United States Forces in Egypt, in accordance with the fol-
lowing procedure:
The expression "United States Forces" will include all persons subject
to the military and naval law of the United States who are members of the
United States armed Forces on Egyptian territory as well as all civilian
employees of American nationality who are accompanying the said Forces
or serve with them and who are bearers of certificates issued by the compe-
tent American authority defining their status. It is understood that the wives
and children of the members of the United States Forces do not benefit
hereby from any immunity from jurisdiction and will be amenable to the
jurisdiction of Egyptian courts.
The immunity from jurisdiction accorded by the Egyptian Government
'Date of entry into force of treaty of peace with Japan (3 UST 3169; TIAS 2490).
1 Note delivered in English, French, and Arabic languages.
1347
1348 UNITED ARAB REPUBLIC
will cover crimes, misdemeanors and police offences committed in Egypt
by the members of the United States Forces. However, when the infraction
will have been committed by a civilian employee referred to above the
Egyptian Government reserves the right, either to turn over the offender
to the Egyptian courts or to hand him over to the competent American
military authorities.
In cases in which members of the civilian population are victims, a com-
petent American military court sitting in Egypt will judge the case without
delay and in public session, unless sittings behind closed doors are necessary
for reasons of security. The sentence will be communicated to the Ministry
of Foreign Affairs through the good offices of the Legation of the United
States.
The American military courts shall not assume jurisdiction over members
of the civilian population of Egypt.
The Egyptian Government will undertake, on the written request of
the interested American authority, the investigation, arrest and delivery of
any member of the United States Forces declared deserter or absent without
leave.
Except in cases provided for in the preceding paragraph, the members of
the United States Forces may be arrested by the Egyptian authorities only
in circumstances which would justify the arrest of civilians of American
nationality.
When a member of the United States Forces has been arrested by the
Egyptian authorities, the following procedure will apply:
Notification of the arrest will be made immediately to the competent
American military authority together with data regarding the name and
other details concerning the person arrested and information regarding the
nature of the infractions for which the said person has been arrested. Except
when the case is to be submitted to the Egyptian courts, the offender will
be delivered to the interested American authority. Complete details of the
charges brought against the suspect with the names and addresses of the
witnesses and data concerning them will be handed or sent to the interested
American authority.
When a member of the United States Forces has been accused of having
committed an infraction for which he has not been arrested, the details of this
suspected infraction, with the proces-verbal will be communicated as quickly
as possible to the competent American military authorities.
The two Governments will extend to each other mutual assistance in in-
vestigations concerning infractions which may have been committed by mem-
bers of the United States Forces or of which they may have been the victims.
The Egyptian Government will take at the request of the competent Ameri-
can military authority, all reasonable measures to the end that persons
amenable to its jurisdiction appear as witnesses before the American military
CRIMINAL JURISDICTION— MARCH 2, 1943 1349
courts in Egypt; likewise the Government of the United States will take all
reasonable measures to assure the presence of any member of the United
States Forces as witnesses at the sessions of the Egyptian courts, and this on
request made by the competent official of the Ministry of Justice or by the
President of the competent court.
It must be expressly understood that the exceptional regime provided for
above is accorded only because of the special situation resulting from the war
and that it will terminate in all respects at the end of the war to permit the
return to normal law.
In case of acceptance, the present letter and your reply will be considered
as constituting an agreement binding our two Governments and will be pub-
lished in the 'Official Journal'. In my capacity of Military Governor General,
I will not fail to take thereafter the necessary internal measures to put this
agreement into effect.
I take this opportunity to renew to Your Excellency the assurances of my
high consideration.
Minister of Foreign Affairs
M. Nahas
His Excellency
Mr. Alexander Kirk
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America
The American Minister to the Prime Minister and Minister of Foreign
Affairs 3
Legation of the
United States of America
no. 759 Cairo, March 2, 1943
Excellency:
Referring to your letter No. P. 4.-55.9/137 G of March 2, 1943, in which
Your Excellency has been so good as to inform me that the Egyptian Gov-
ernment had decided to accord immunity from jurisdiction in criminal mat-
ters to the members of the United States Forces in Egypt, I have the honor to
advise you in the name of the Government of the United States of its full
agreement on the various provisions of your letter and to express to Your
Excellency the appreciation and thanks of the United States Government
for the cooperation of the Egyptian Government in this matter.
I hasten to assure you that the United States military authorities will
take all necessary measures for the prosecution and punishment of all infrac-
tions committed in Egypt by members of the United States Forces.
It is also expressly understood that the exceptional regime provided for
"Note delivered in English, French, and Arabic languages.
1350 UNITED ARAB REPUBLIC
above has been accorded by the Egyptian Government only because of the
special situation resulting from the war and that it will terminate in all respects
at the end of the war to permit the return to normal law.
I am in addition in agreement that Your Excellency's letter and this reply
be considered as constituting an agreement binding our Governments.
I take this opportunity to renew to Your Excellency the assurances of my
highest consideration.
Alexander Kirk
His Excellency
Moustapha El Nahas Pasha
Prime Minuter and Minister of Foreign Affairs
Cairo
The American Minister to the Prime Minister and Minister of Foreign
Affairs
Legation of the
United States of America
Cairo, March 2, 1943
My dear Mr. Prime Minister:
With reference to our exchange of notes of today's date, by which the
Egyptian Government has been so kind as to accord to the United States
Government jurisdiction in criminal matters over members of the United
States Armed Forces in Egypt, I take pleasure in advising Your Excellency of
the existing arrangements for the handling of claims against persons and pro-
perty arising as a result of the voluntary and involuntary acts committed by
Members of the said United States Armed Forces in Egypt, as follows:
1 . There is now functioning in Egypt a United States Claims Commission
for the Middle East, composed of three members, set up under authority con-
tained in an Act of the Congress of the United States of America approved
January 2, 1942,4 which is competent to hear claims arising out of acts com-
mitted by members of the United States Armed Forces in Egypt and to make
and order payment of awards which do not exceed $1,000.
2. With regard to the limitation upon the amount of the awards of the
aforementioned Claims Commission, I have been informed by my Govern-
ment that the War Department is already seeking from the Congress of the
United States authority to increase the limitation from $1,000 to $5,000.
When such authorization has been obtained, I shall not fail to inform Your
Excellency.
3. In addition to the settling of claims by the aforementioned Claims
Commission, the United States military authorities in Egypt will undertake
4 55 Stat. 880.
CRIMINAL JURISDICTION— MARCH 2, 1943 1351
to lend their good offices in carrying out the necessary formalities for petition-
ing the Congress of the United States to approve claims over $1,000.
4. The United States military authorities in Egypt agree that claimants
may be represented before the United States Claims Commission for the Mid-
dle East by an Egyptian official and assisted by the special office established
for the purpose of assisting claimants in the presentation of their claims
against members of any of the Allied Armed Forces in Egypt.
I feel sure that the Egyptian Government will find satisfactory the afore-
mentioned procedure for the settling of claims arising out of acts committed
by members of the United States Armed Forces in Egypt.
Please accept, my dear Mr. Prime Minister, the renewed assurances of my
highest consideration.
Alexander Kirk
His Excellency
Moustapha E1-Nahas Pasha
Prime Minister and Minister for Foreign Affairs
Cairo
The Prime Minister and Minister of Foreign Affairs to the American
Minister
[translation]
MINISTRY
OF
FOREIGN AFFAIRS
No. p. 4.-55.9/137 c Cairo, March 2, 1943
My dear Minister :
Referring to your note of March 2, 1 943, in which there is set forth the pro-
cedure for the settlement of claims pertaining to acts committed by the mem-
bers of the United States Armed Forces in Egypt, I have the pleasure to advise
you that the Egyptian Government agrees to the procedure in question but
reserves to itself the right to raise the question again in the future if it should
appear that this procedure, either in a general way or in connection with
certain particular cases, does not operate in such a manner as to do justice to
the claimants.
I must, furthermore, reserve the right of the Egyptian Government to make
diplomatic reservations with a view to re-examination and correction of the
decision when it is of the opinion that a decision of the United States Claims
Commission for the Middle East is unjust.
Please accept, my dear Minister, the assurance of my high consideration.
M. Nahas
1352 UNITED ARAB REPUBLIC
Proces-Verbal of Signature
[translation]
MINISTRY
OF
FOREIGN AFFAIRS
No. .
PROCES-VERBAL OF THE SIGNING OF THE AGREEMENT BETWEEN THE UNITED
STATES OF AMERICA AND EGYPT, RELATIVE TO IMMUNITY FROM PENAL
JURISDICTION OF MEMBERS OF THE AMERICAN FORCES IN EGYPT
In the year nineteen hundred forty-three and on the second day of March,
at Cairo,
there met at the residence of His Excellency Mustapha El Nahas Pasha :
His Excellency Alexander Kirk, Envoy Extraordinary and Minister Pleni-
potentiary of the United States of America in Egypt, representing his Govern-
ment, assisted by Mr. J. E. Jacobs, Counselor of the Legation;
His Excellency Mustapha El Nahas Pasha, President of the Council of
Ministers, Minister of Foreign Affairs, representing the Egyptian Govern-
ment, assisted by His Excellency Mohammed Sharara Pasha, Under Secre-
tary of State in the Ministry of Foreign Affairs, and Mr. Awad El Bahraoui
Bey, Minister Plenipotentiary, in charge of the Political and Economic De-
partment in the Ministry of Foreign Affairs, for the purpose of proceeding to
the exchange of notes relative to immunity from penal jurisdiction of mem-
bers of the American Forces in Egypt.
After His Excellency the Minister of the United States stated that his Gov-
ernment had officially authorized him to conclude an agreement with the
Egyptian Government on this subject, His Excellency Mustapha El Nahas
Pasha handed to him the note signifying the accord of the Egyptian Govern-
ment with respect to granting the said immunity.
Having taken cognizance of this note, His Excellency the Minister of the
United States handed to His Excellency a note stating that he had learned
of the Egyptian Government's decision and indicating the agreement of his
Government with the provisions contained in the Egyptian Government's
note.
The Minister of the United States then handed to His Excellency the
Minister of Foreign Affairs of Egypt a note concerning the settlement of
claims arising from acts committed by members of the Forces of the United
States of America.
Having taken cognizance of this note, His Excellency handed to His Excel-
lency the Minister of the United States his response to this note.
On this occasion, His Excellency the President of the Council of Ministers,
Minister of Foreign Affairs, stated to His Excellency the Minister of the
United States that the Egyptian Government had granted this immunity only
CRIMINAL JURISDICTION— MARCH 2, 1943 1353
in order to strengthen the relations of friendship which happily exist between
Egypt and the United States, and by reason of the particular situation result-
ing from the war, and that this exceptional arrangement will terminate auto-
matically at the close of the war between the United States of America and
the Axis countries in order to permit a return to the common law.
In witness whereof, the present Proces- Verbal has been drawn up and
signed in two original copies.
Alexander Kirk
The Minister of the
United States of America
M. Nahas
The President of the Council of Ministers
Minister of Foreign Affairs
CUSTOMS, PUBLIC HEALTH, AND POLICE
CONTROLS AT PAYNE FIELD
Exchange of notes at Cairo January 5, 1946
Entered into force January 5, 1946
Terminated December 15, 1946 1
[For text, see 3 UST 530; TIAS 2410.]
USE OF PAYNE FIELD FOR INTERNATIONAL
CIVIL AIR TRAFFIC
Exchange of notes at Cairo June 15, 1946
Entered into force June 15, 1946
[For text, see 3 UST 363 ; TIAS 2397.]
1 Date of transfer of Payne Field to Egyptian Government.
1354
USE OF PAYNE FIELD BY MILITARY
AIRCRAFT
Exchange of notes at Cairo June 15, 1946
Entered into force June 15, 1946
Extended by agreements of October 25 and December 8, 1946; 1
June 3 and 12, 1947 ; 1 and December 20, 1947, and January 5,
1948 1
Expired June 15, 1948
Department of State files
The American Minister to the Minister of Foreign Affairs
Cairo, Egypt
June 15, 1946
Excellency:
I have the honor to inform Your Excellency that for the purpose of re-
turning United States personnel from or through the Far East or Near East
the American Government is desirous that the Egyptian Government will
grant temporary permission for the use of Payne Field and its facilities by
United States military aircraft for a period of six months to be renewed if
necessary by mutual agreement.
During this period the Egyptian Government will permit retention of
United States personnel at Payne Field for the purpose of serving this traffic
but with the understanding that the United States Government will with-
draw all uniformed personnel not later than six months from the date of this
agreement.
The detailed working arrangement for this six months withdrawal period
will be elaborated in due course between the representatives of the com-
petent authorities.
This letter and the reply of Your Excellency confirming the acceptance by
Your Government of this arrangement, will constitute an agreement be-
tween the two Governments.
1 Not printed.
1355
308-582—73 87
1356 UNITED ARAB REPUBLIC
I avail myself of this opportunity to renew to Your Excellency the as-
surance of my very high consideration.
S. Pinkney Tuck
American Minister
His Excellency
Ahmed Loutfy El-Sayed Pasha
Minister for Foreign Affairs
Cairo
The Minister of Foreign Affairs to the American Minister
MINISTERE DES AFFAIRES ETRANGERES CAIRO June 15 1946
No. 149 ' '
Excellency :
I have the honor to acknowledge receipt of your letter of today, the text
of which is the following :
I have the honor to inform Your Excellency that for the purpose of re-
turning United States personnel from or through the Far East or Near East
the American Government is desirous that the Egyptian Government will
grant temporary permission for the use of Payne Field and its facilities by
United States military aircraft for a period of six months to be renewed if
necessary by mutual agreement.
During this period the Egyptian Government will permit retention of
United States personnel at Payne Field for the purpose of serving this traffic
but with the understanding that the United States Government will withdraw
all uniformed personnel not later than six months from the date of this agree-
ment.
The detailed working arrangement for this six months withdrawal period
will be elaborated in due course between the representatives of the competent
authorities.
This letter and the reply of Your Excellency confirming the acceptance by
Your Government of this arrangement, will constitute an agreement between
the two Governments.
I have now the honor to inform Your Excellency that my Government
accepts the arrangement therein included and regards that letter and the
present reply as constituting an agreement between the two Governments.
I avail myself of this opportunity to renew to Your Excellency the as-
surance of my very high consideration.
A. Loutfi El Sayed
The Minister of Foreign Affairs
His Excellency
Mr. S. Pinkney Tuck
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America
Cairo
AIR TRANSPORT SERVICES
Agreement signed at Cairo June 15, 1946, with annex
Entered into force definitively August 8, 1947 ; 1 operative from June 15,
1946
Annex amended by agreement of June 24 and July 31, 1957 2
Replaced provisionally May 5, 1964, by agreement of May 5, 1964; 3
definitively April 7, 1965
61 Stat. 3825; Treaties and Other
International Acts Series 1727
Air Transport Agreement between the United States of America
and Egypt
Having in mind the resolution signed under date of December 7, 1944, at
the International Civil Aviation Conference in Chicago, Illinois, for the
adoption of a standard form of agreement for provisional air routes and serv-
ices, and the desirability of mutually stimulating and promoting the sound
economic development of air transportation between the United States and
Egypt, the two Governments parties to this arrangement agree that the estab-
lishment and development of air transport services between their respective
territories shall be governed by the following provisions :
Article 1
The Contracting Parties grant the rights specified in the Annex hereto
necessary for establishing the international civil air routes and services therein
described, whether such services be inaugurated immediately or at a later date
at the option of the Contracting Party to whom the rights are granted.
Article 2
(a) Each of the air services so described shall be placed in operation as
soon as the Contracting Party to whom the rights have been granted by
Article 1 to designate an airline or airlines for the route concerned has author-
ized an airline for such route, and the Contracting Party granting the rights
1 Date of notification of approval by Egypt (see art. 11).
a8UST 1363; TI AS 3884.
s 15 UST 2202; TIAS 5706.
1357
1358 UNITED ARAB REPUBLIC
shall, subject to Article 6 hereof, be bound to give the appropriate operating
permission to the airline or airlines concerned; provided that the airlines so
designated may be required to qualify before the competent aeronautical au-
thorities of the Contracting Party granting the rights under the laws and
regulations normally applied by these authorities before being permitted to
engage in the operations contemplated by this Agreement; and provided that
in areas of hostilities or of military occupation, or in areas affected thereby,
such inauguration shall be subject to the approval of the competent military
authorities.
(b) It is understood that either Contracting Party granted commercial
rights under this Agreement should exercise them at the earliest practicable
date except in the case of temporary inability to do so.
Article 3
In order to prevent discriminatory practices and to assure equality of treat-
ment, both Contracting Parties agree that :
(a) Each of the Contracting Parties may impose or permit to be imposed
just and reasonable charges for the use of public airports and other facili-
ties under its control. Each of the Contracting Parties agrees, however, that
these charges shall not be higher than would be paid for the use of such air-
ports and facilities by its national aircraft engaged in similar international
services.
(b) Fuel, lubricating oils and spare parts introduced into the territory of
one Contracting Party by the other Contracting Party or its nationals, and
intended solely for use by aircraft of such other Contracting Party shall be
accorded national and most-favored-nation treatment with respect to the
imposition of customs duties, inspection fees or other national duties or
charges by the Contracting Party whose territory is entered.
(c) The fuel, lubricating oils, spare parts, regular equipment and air-
craft stores retained on board civil aircraft of the airlines of one Contracting
Party authorized to operate the routes and services described in the Annex
shall, upon arriving in or leaving the territory of the other Contracting Party,
be exempt from customs, inspection fees or similar duties or charges, even
though such supplies be used or consumed by such aircraft on flights in that
territory.
Article 4
Certificates of airworthiness, certificates of competency and licenses issued
or rendered valid by one Contracting Party shall be recognized as valid by the
other Contracting Party for the purpose of operating the routes and services
described in the Annex. Each Contracting Party reserves the right, however,
to refuse to recognize, for the purpose of flight above its own territory, certif-
icates of competency and licenses granted to its own nationals by another
state.
AIR TRANSPORT SERVICES— JUNE 15, 1946 1359
Article 5
(a) The laws and regulations of one Contracting Party relating to the
admission to or departure from its territory of aircraft engaged in international
air navigation, or to the operation and navigation of such aircraft while within
its territory, shall be applied to the aircraft of the other Contracting Party,
and shall be complied with by such aircraft upon entering or departing from
or while within the territory of the first Party.
(b) The laws and regulations of one Contracting Party as to the admis-
sion to or departure from its territory of passengers, crew, or cargo of aircraft,
such as regulations relating to entry, clearance, immigration, passports, cus-
toms, and quarantine shall be complied with by or on behalf of such passen-
gers, crew or cargo of the other Contracting Party upon entrance into or
departure from, or while within the territory of the first party.
Article 6
Each Contracting Party reserves the right to withhold or revoke a certifi-
cate or permit to an airline of the other Party in any case where it is not
satisfied that substantial ownership and effective control are vested in na-
tionals of either Party to this Agreement, or in case of failure of an airline
to comply with the laws of the State over which it operates as described in
Article 5 hereof, or to perform its obligations under this Agreement.
Article 7
This Agreement and all contracts connected therewith shall be registered
with the Provisional International Civil Aviation Organization.
Article 8
Either Contracting Party may terminate the rights for services granted by it
under this Agreement by giving one year's notice to the other Contracting
Party.
Article 9
In the event either of the Contracting Parties considers it desirable to
modify the routes or conditions set forth in the attached Annex, it may request
consultation between the competent authorities of both Contracting Parties,
such consultation to begin within a period of sixty days from the date of the
request. When these authorities mutually agree on new or revised conditions
affecting the Annex, their recommendations on the matter will come into
effect after they have been confirmed by an exchange of diplomatic notes.
Article 1 0
Any dispute between the Contracting Parties relating to the interpretation
or application of this Agreement or its Annex, which cannot be settled through
1360 UNITED ARAB REPUBLIC
consultation, shall be referred for an advisory report to the Interim Council
of the Provisional International Civil Aviation Organization (in accordance
with the provisions of Article 3, Section 6(8) of the Interim Agreement on
Civil Aviation signed at Chicago on December 7, 1944 4 or its successors.
Article 1 1
The provisions of this Agreement shall become operative from the day it
is signed. The Egyptian Government shall notify the Government of the
United States of approval of the Agreement by the Egyptian Parliament,
and the Government of the United States shall consider the Agreement as
becoming definitive upon the date of such notification by the Egyptian
Government.
Done at Cairo in duplicate in the English and Arabic languages, each of
which shall be of equal authenticity, this 15 th (15 th) dav of June (ragab),
1946 (1365).
For the Government of the United States of America :
S. Pinkney Tuck
For the Royal Egyptian Government :
A. Loutfy El-Sayed
[seal]
annex to air transport agreement between the united states
of america and egypt
Section 1
Airlines of the United States of America authorized under the present
Agreement are accorded rights of transit and non-traffic stop in Egyptian
territory as well as the right to pick up and discharge international traffic
in passengers, cargo and mail at Cairo on the following routes in both direc-
tions :
United States to Egypt (Cairo) and thence to Palestine (Lydda), Iraq
(Basra) , Saudi Arabia (Dhahran) , and beyond, via:
(a) Ireland, France, Switzerland, Italy, and Greece,
(b) Portugal, Spain, Italy, and Greece, and
( c ) Portugal, Spain, and North African points.
Section 2
Airlines of Egypt authorized under the present Agreement are accorded
rights of transit and non-traffic stop in United States territory as well as the
4 EAS 469, ante, vol. 3, p. 929.
AIR TRANSPORT SERVICES— JUNE 15, 1946 1361
right to pick up and discharge international traffic in passengers, cargo and
mail in the United States on a route or routes as may be determined at a
later date from Egypt, via intermediate points to the United States in both
directions.
Section 3
In the establishment and operation of air services covered by this Agree-
ment and its Annex, the following principle shall apply :
( 1 ) The two Governments desire to foster and encourage the widest
possible distribution of the benefits of air travel for the general good of man-
kind at the cheapest rates consistent with sound economic principles; and to
stimulate international air travel as a means of promoting friendly under-
standing and good will among peoples and insuring as well the many indirect
benefits of this new form of transportation to the common welfare of both
countries.
(2) It is the understanding of both Governments that services provided
by a designated air carrier under the Agreement and its Annex shall retain
as their primary objective the provision of capacity adequate to the traffic
demands between the country of which such air carrier is a national and the
country of ultimate destination of the traffic. The right to embark or disem-
bark on such services international traffic destined for and coming from third
countries at a point or points on the routes specified in the Annex to the
Agreement shall be applied in accordance with the general principles of
orderly development to which both Governments subscribe and shall be sub-
ject to the general principle that capacity should be related :
(a) to traffic requirements between the country of origin and the coun-
tries of destination,
( b ) to the requirements of through airline operation, and
(c) to the traffic requirements of the area through which the airline
passes after taking account of local and regional services.
Section 4
The Contracting Parties should undertake regular and frequent consulta-
tion between their respective aeronautical authorities so that there should be
close collaboration in the observance of the principles and the implementation
of the provisions outlined in the Agreement and its Annex, and in case of dis-
pute the matter shall be settled in accordance with the provisions of Article 1 0
of the Agreement.
SPECIAL TARIFF POSITION OF PHILIPPINES
Exchange of notes at Washington May 4 and August 15, 1946, sup-
plementing agreement of May 24, 1930
Entered into force August 15, 1946
61 Stat. 2443; Treaties and Other
International Acts Series 1572
The Acting Secretary of State to the Egyptian Minister
Department of State
Washington
May 4, 1946
Sir:
With reference to the forthcoming independence of the Philippines on
July 4, 1946, my Government considers that provision for a transitional pe-
riod for dealing with the special tariff position which Philippine products
have occupied for many years in the United States is an essential accom-
paniment to Philippine independence. Accordingly, under the Philippine
Trade Act approved April 30, 1946,1 goods the growth, produce or manu-
facture of the Philippines will enter the United States free of duty until 1954,
after which they will be subject to gradually and regularly increasing rates of
duty or decreasing duty-free quotas until 1974 when general rates will be-
come applicable and all preferences will be completely eliminated.
Since the enactment of the Philippine Independence Act approved March
24, 1934,2 my Government has foreseen the probable necessity of providing
for such a transitional period and has since then consistently excepted from
most-favored-nation obligations which it has undertaken toward foreign gov-
ernments advantages which it might continue to accord to Philippine prod-
ucts after the proclamation of Philippine independence. Some thirty instru-
ments in force with other governments, for example, permit the continuation
of the exceptional tariff treatment now accorded by my Government to
Philippine products, irrespective of the forthcoming change in the Common-
wealth's political status.
With a view, therefore, to placing the relations between the United States
and Egypt upon the same basis, with respect to the matters involved, as
1 60 Stat. 141.
3 48 Stat. 456.
1362
TRADE WITH PHILIPPINES— MAY 4 AND AUGUST 15, 1946 1363
the relations existing under the treaties and agreements referred to in the pre-
ceding paragraph, I have the honor to propose that the provisions of the
Provisional Commercial Agreement between the United States of America
and Egypt effected by an exchange of notes signed May 24, 1930,3 shall not
be understood to require the extension to Egypt of advantages accorded by
the United States to the Philippines.
In view of the imminence of the inauguration of an independent Philip-
pine Government, I should be glad to have the reply of your Government to
this proposal at an early date.
Accept, Sir, the renewed assurances of my highest consideration.
Dean Acheson
Acting Secretary of State
The Honorable
Mahmoud Hassan
Minister of Egypt
The Egyptian Minister to the Acting Secretary of State
Royal Egyptian Legation
Washington, D.C.
August 15, 1946
Sir:
I have the honour to refer to your letter dated May 4, 1946 informing me
that your Government made a provision for a transitional period for dealing
with the special tariff position which Philippine products have occupied be-
fore independence. Accordingly, under the Philippine Trade Act approved
April 30, 1946, goods the growth, produce or manufacture of the Philippines
will enter the United States free of duty until 1954, after which they will be
subject to gradually and regularly increasing rates of duty or decreasing duty-
free quotas until 1974 when general rates will become applicable and all pref-
erences will be completely eliminated.
I have the pleasure to inform you that after referring the contents of your
communication to my Government, I have been authorized to state that until
the expiration date of the exceptional treatment of Philippine imports, my
Government does not intend to invoke the most-favored-nation clause under
the Provisional Commercial Agreement between the United States of
America and Egypt effected by an exchange of notes signed May 24, 1930.
Accept, Sir, the renewed assurances of my highest consideration.
M. Hassan
The Honourable
Dean Acheson
Acting Secretary of State
Washington, D.C.
3 EAS 5, ante, p. 1329.
308-582—73 88
FINANCING OF EDUCATIONAL EXCHANGE
PROGRAM
Agreement and exchange of notes signed at Cairo November 3, 1949
Entered into force November 3, 1949
Superseded by agreement of September 28, 1959 1
64 Stat. (3) B112; Treaties and Other
International Acts Series 2039
Agreement Between the Government of the United States of
America and the Government of Egypt for Financing Certain
Educational Exchange Programs
The Government of the United States of America and the Government of
Egypt;
Desiring to promote further mutual understanding between the peoples of
the United States of America and Egypt by a wider exchange of knowledge
and professional talents ;
Considering that the Secretary of State of the United States of America
may enter into an agreement for financing certain educational exchange
programs from currencies acquired pursuant to the letter dated June 15, 1946
from the Minister of Foreign Affairs of Egypt to the Central Field Foreign
Liquidation Commissioner of the Department of State of the United States of
America (hereinafter referred to as "the letter" ) ;
Have agreed as follows :
Article 1
There shall be established a foundation to be known as the United States
Educational Foundation for Egypt (hereinafter designated "the Founda-
tion") which shall be recognized by the Government of the United States
of America and the Government of Egypt as an organization created and
established to facilitate the administration of the educational program to be
financed by funds made available in accordance with the terms of this agree-
ment. Except as provided in Article 3 hereof the Foundation shall be exempt
from the domestic and local laws of the United States of America as they
relate to the use and expenditure of currencies and credits for currencies for
the purposes set forth in the present agreement. The funds shall be regarded
in Egypt as the property of a foreign government.
MOUST 1735; TIAS 4327.
1364
EDUCATIONAL EXCHANGE— NOVEMBER 3, 1949 1365
The funds made available under the present agreement within the condi-
tions and limitations hereinafter set forth, shall be placed at the disposal of
the Foundation for the purposes as set forth in Section 32(b) of the United
States Surplus Property Act of 1944,2 as amended of
( 1 ) financing studies, research, instruction, and other educational activi-
ties of or for citizens of the United States of America in schools and institutions
of higher learning located in Egypt or of the citizens of Egypt in United
States schools and institutions of higher learning located outside the conti-
nental United States, Hawaii, Alaska (including the Aleutian Islands) , Puerto
Rico, and the Virgin Islands, including payment for transportation, tuition,
maintenance, and other expenses incident to scholastic activities ; or
(2) furnishing transportation for citizens of Egypt who desire to attend
United States schools and institutions of higher learning in the continental
United States, Hawaii, Alaska (including the Aleutian Islands) , Puerto Rico,
and the Virgin Islands and whose attendance will not deprive citizens of the
United States of America of an opportunity to attend such schools and
institutions.
Article 2
In furtherance of the aforementioned purposes, the Foundation may, sub-
ject to the provisions of the present agreement, exercise all powers necessary
to the carrying out of the purposes of this agreement including the following :
( 1 ) Plan, adopt, and carry out programs in accordance with the purposes
of Section 32(b) of the United States Surplus Property Act of 1944, as
amended, and the purposes of this agreement.
( 2 ) Recommend to the Board of Foreign Scholarships, provided for in
the United States Surplus Property Act of 1944, as amended, students, pro-
fessors, research scholars, resident in Egypt, and institutions of Egypt qualified
to participate in the program in accordance with the aforesaid Act.
(3) Recommend to the aforesaid Board of Foreign Scholarships such
qualifications for the selection of participants in the programs as it may deem
necessary for achieving the purpose and objectives of this agreement.
(4) Authorize the Treasurer of the Foundation or such other person as
the Foundation may designate to receive funds to be deposited in bank ac-
counts in the name of the Treasurer of the Foundation or such other person
as may be designated. The appointment of the Treasurer or such designee
shall be approved by the Secretary of State and he shall deposit funds received
in a depository or depositories designated by the Secretary of State.
(5 ) Subject to the conditions and limitations as set forth herein, author-
ize the disbursement of funds and making of grants and advances of funds
for the authorized purposes of this agreement.
'58 Stat. 765.
1366 UNITED ARAB REPUBLIC
( 6 ) Provide for periodic audits of the accounts of the Treasurer of the
Foundation as directed by auditors selected by the Secretary of State of the
United States of America.
(7) Engage an Executive Officer, administrative and clerical staff and
fix the salaries and wages thereof out of funds made available.
Article 3
All obligations, commitments and expenditures authorized by the Founda-
tion shall be made pursuant to an annual budget to be approved by the
Secretary of State of the United States of America pursuant to such regula-
tions as he may prescribe.
Article 4
The management and direction of the affairs of the Foundation shall be
vested in a Board of Directors consisting of eight directors (hereafter desig-
nated "the Board"), four of whom shall be citizens of the United States of
America and four of whom shall be citizens of Egypt. In addition, the princi-
pal officer in charge of the Diplomatic Mission of the United States of
America to Egypt (hereinafter designated "Chief of Mission") and the
Egyptian Minister of Education (hereinafter designated "Minister of Educa-
tion" ) shall be jointly Honorary Chairmen of the Board. The Chief of Mis-
sion shall have the power of appointment and removal of the United States
citizens on the Board, at least two of whom shall be officers of the United
States Foreign Service establishment in Egypt. The Minister of Education
shall have the power of appointment and removal of the Egyptian citizens on
the Board. A Chairman with voting power shall be selected by the Board
from amonsr its members.
The members shall serve from the time of their appointment until the fol-
lowing December 3 1 and shall be eligible for reappointment. Vacancies by
reason of resignation, transfer of residence outside Egypt, expiration of term
of service or otherwise shall be filled in accordance with this procedure. The
members shall serve without compensation, but the Board may authorize the
payment of the necessary expenses of the members in attending the meetings
of the Board and in performing other official duties assigned by the Board.
Article 5
The Board shall adopt such by-laws and appoint such committees as it
shall deem necessary for the conduct of the affairs of the Foundation.
Article 6
Reports shall be made annually on the activities of the Foundation to the
Secretary- of State of the United States of America and the Government of
Egypt.
EDUCATIONAL EXCHANGE— NOVEMBER 3, 1949 1367
Article 7
The principal office of the Board shall be in the capital city of Egypt, but
meetings of the Board and any of its committees may be held in such other
places as the Board may from time to time determine, and the activities of
any of the officers or staff of the Establishment may be carried on at such
places as may be approved by the Board.
Article 8
The Secretary of State of the United States of America will make available
for expenditure as authorized by the Foundation currency of the Government
of Egypt in an amount not to exceed the equivalent of $400,000 (United
States currency) during any single calendar year from Egyptian currency
held in the account of the Treasurer of the United States and available for
purposes of this agreement in accordance with United States law. Such
amounts made available shall not be in excess of the budgetary limitation
established pursuant to Article 3 of the present agreement.
Article 9
The Government of the United States of America and the Government of
Egypt shall make every effort to facilitate the exchange of persons programs
authorized in this agreement and to resolve problems which may arise in the
operations thereof.
Article 1 0
Wherever, in the present agreement, the term "Secretary of State of the
United States of America" is used, it shall be understood to mean the Secre-
tary of State of the United States of America or any officer or employee of the
Government of the United States of America designated by him to act in his
behalf.
Article 1 1
The present agreement may be amended by the exchange of diplomatic
notes between the Government of the United States of America and the Gov-
ernment of Egypt.
Article 12
The present agreement shall come into force upon the date of signature.
In witness whereof the undersigned, being duly authorized thereto by
their respective Governments, have signed the present agreement.
Done at Cairo in duplicate, in the English and French languages, this
third day of November, 1949.
For the Government of the United States of America :
Jefferson Caffery [seal]
For the Government of Egypt :
H. Sirry [seal]
1368 UNITED ARAB REPUBLIC
Exchange of Notes
The American Ambassador to the Minister of Foreign Affairs
American Embassy
Cairo, Egypt, November 3, 1949
Excellency:
I have the honor to refer to the Agreement signed this third day of Novem-
ber, 1949, for financing certain educational exchange programs and promot-
ing improved cultural relationships between our two countries.
I understand that the omission of a tax article from the initial draft does
not prejudice the right of the United States to reopen discussion on this point
in the light of experience and the effect of taxation on the operation of the
program.
I should appreciate it if I might be informed of the concurrence of Your
Excellency's Government in the understanding above set forth.
Please accept, Excellency, the renewed assurance of my highest
consideration.
Jefferson Caffery
His Excellency
Hussein Sirry Pasha
Minister of Foreign Affairs
Cairo
The Minister of Foreign Affairs to the American Ambassador
[translation]
ministry op foreign affairs
Press Department Cairo, November 3, 1949
Mr. Ambassador:
By a letter of this date, Your Excellency has been good enough to point
out that, according to the point of view of your Government, the omission
of a tax article from the initial draft of the Cultural Agreement, which was
signed today, for financing certain educational exchange programs and
promoting improved cultural relationships between our two countries, does
not prejudice the right of the United States to reopen discussion on this point
in the light of experience and the effect of taxation on the operation of the
program.
I have the honor to acknowledge to Your Excellency receipt of this com-
EDUCATIONAL EXCHANGE— NOVEMBER 3, 1949 1369
munication concerning which I am pleased to confirm to you the complete
agreement of the Egyptian Government.
Accept, Mr. Ambassador, the assurances of my very high consideration.
H. Sirry
Minister of Foreign Affairs
His Excellency
Jefferson Caffery
Ambassador of the United States of America
Cairo
INDEX
Page
Air navigation
Philippines: May 12, 1947 102
South Africa: Mar. 17 and Sept.
20,1933 462
Sweden: Sept. 8 and 9, 1933 780
Air service facilities
Sweden: Sept. 30, 1946 832
Thailand : May 8, 1947 1037
Air transit facilities in the Azores:
Portugal
May 30, 1946 359
Feb. 2, 1948 366
Air Transport Command, U.S.
Operation through Portuguese
territory: Portugal, Mar. 27,
1945 347
Service to be operated by:
Switzerland, Aug. 6 and
Sept. 5, 1945 951
Air transport services
Philippines
Nov. 16, 1946 37
Aug. 27, 1948 158
Portugal
Dec. 6, 1945 351
June 28, 1947 362
South Africa: May 23, 1947 501
Spain
Dec. 2, 1944 693
Dec. 21, 1945, and Jan. 15,
1946 700
Feb. 21, and Mar. 12, 1946. . 703
Sweden
Dec. 16, 1944 825
Dec. 4, 1945 830
Switzerland
Aug. 3, 1945 946
May 13, 1949 960
Syria: Apr. 28, 1947 973
Thailand: Feb. 26, 1947 1032
Turkey: Feb. 12, 1946 1153
United Arab Republic: June 15,
1946 1357
Aircraft, civil, pilot licenses for
South Africa: Mar. 17 and Sept.
20, 1933 469
Sweden: Sept. 8 and 9, 1933 788
Page
Airfields and airports
Philippines. See under Military
bases, Philippines.
Switzerland: equipment at Coin-
trin Airport, Apr. 30, 1947. . 957
Thailand : Don Muang Airport
and Bangkapi, May 8, 1947. 1037
United Arab Republic :j Payne
Field
Customs, public health, and
police controls: Jan. 5,
1946 1354
Use by military aircraft: June
15, 1946 1355
Use for international civil air
traffic: June 15, 1946. ... 1354
Airworthiness certificates for im-
ported aircraft, recognition of
South Africa: Oct. 12 and Dec. 1,
1931 459
Sweden: Sept. 8 and 9, 1933 793
Alaska, cession of: Union of Soviet
Socialist Republics, Mar. 30,
1867 1216
Alcoholic beverages
Suppression of smuggling of
Poland: June 19, 1930 233
Spain: Feb. 10, 1926 676
Sweden: May 22, 1924 750
Traffic in: Thailand, May 14,
1884 994
Arbitration (see also Conciliation)
Poland: Aug. 16, 1928 218
Portugal
Apr. 6, 1908 312
June 28, 1913 329
Sept. 14, 1920 336
Sept. 5, 1923 338
Mar. 1, 1929 344
Romania: Mar. 21, 1929 408
Spain
Apr. 20, 1908 653
May 29, 1913 657
Mar. 8, 1919 666
Sweden
May 2, 1908 728
June 28, 1913 739
1371
1372
INDEX
Page
Arbitration — Continued
Sweden — Continued
June 24, 1924 754
Oct. 27, 1928 760
Switzerland
Feb. 29, 1908 911
Nov. 3, 1913 913
Feb. 16, 1931 920
United Arab Republic: Aug. 27,
1929 1325
Armed forces accused of committing
offenses. See Military forces
accused of committing offenses.
Army, U.S., recruitment of laborers
and employees by : Philippines,
May 13 and 16, 1947 107
Boundaries
Spain
Oct. 27, 1795 516
Feb. 22, 1819 528
Texas: Apr. 25, 1838 976
Boundary changes between U.S.
and Soviet zones of occupation
in Germany: Union of Soviet
Socialist Republics, Sept. 17,
1945 1290
China, protection of industrial prop-
erty in
Sweden: Feb. 26 and Mar. 7,
1913 737
Union of Soviet Socialist Re-
publics: June 28, 1906 (trade-
marks) 1237
Claim of George J. Salem, arbitra-
tion of: United Arab Republic,
Jan. 20, 1931 1334
Claims
Philippines
Payment of public and private
claims: Aug. 27, 1948 153
Veterans' claims: July 25 and
28, 1949 194
Portugal
Feb. 26, 1851 304
Oct. 3, 1947-Aug. 4, 1949 (war
claims) 381
South Africa: Mar. 21, 1947 493
Spain (see also Claims Commis-
sion, Spanish- American)
Case of the Virginius: Feb. 27,
1875 544
Settlement of claims
Oct. 27, 1795 524
Aug. 11, 1802 526
Feb. 22, 1819 531
Feb. 17, 1834 537
Page
Claims — Continued
Spain — Continued
Settlement of claims — -Con.
Aug. 24, 1927, and May 13
and June 20, 1929 687
Sweden: Dec. 17, 1930 (motor-
ships Kronprins Gustaf Adolf
and Pacific) 767
Switzerland: Oct. 21, 1949 (war
claims) 968
Texas: Apr. 11, 1838 (case of the
brigs Pocket and Durango) . . . 974
Turkey
Dec. 24, 1923 1105
Oct. 25, 1934 1129
May 29 and June 15, 1936.... 1131
Oct. 1 and Nov. 3, 1937 1134
Two Sicilies, The: Oct. 14, 1832. 1181
Union of Soviet Socialist Repub-
lics
Sept. 8, 1900 (arrest and
seizure of vessels) 1 232
Nov. 16, 1933 1256
Claims Commission, Spanish-Amer-
ican
Feb. 11 and 12, 1871 540
Feb. 23, 1881 557
May 6, 1882 560
June 2, 1883 569
Coast and geodetic program: Phil-
ippines, May 12, 1947 90
Commercial associations, corpora-
tions and other: Union of
Soviet Socialist Republics,
June 25, 1904 1235
Commercial relations (see also Con-
sular relations and Friendly
and general relations)
Philippines (see also Commercial
relations with respect to all
Spanish possessions): July 4,
1946 7
Poland
Commerce and consular rights
June 15, 1931 237
Mar. 9, 1934 (Free City of
Danzig) 263
Most-favored-nation treatment
in customs matters : Feb.
10, 1925 202
Portugal
Aug. 26, 1840 293
May 22, 1899 307
Nov. 19, 1902 310
June 28, 1910 324
May 17, 1946 (supplies of
colonial sisal) 356
May 18 and Aug. 26, 1946
(special tariff position of
Philippines) 360
INDEX
1373
Page
Commercial relations — Continued
Portugal — Continued
Sept. 28, 1948 (most-favored-
nation treatment for areas
under occupation or con-
trol) 367
Romania
Feb. 26, 1926 (most-favored-
nation treatment in cus-
toms matters) 405
Aug. 20, 1930 (most-favored-
nation treatment) 417
Samoa: Jan. 17, 1878 (friendship
and commerce) 437
Sardinia: Nov. 26, 1838 (com-
merce and navigation) 448
Saudi Arabia: Nov. 7, 1933 456
South Africa: postwar economic
setdements
Apr. 17, 1945 489
Mar. 21, 1947 493
Spain (see also Commercial rela-
tions with respect to all
Spanish possessions and Com-
mercial relations with re-
spect to Cuba and Puerto
Rico)
Aug. 1 and Dec. 20, 1906 649
Feb. 20, 1909 655
Oct. 6 and 22, 1923 668
Apr. 26 and 27, 1924 670
May 2, 1925 672
May 25, Oct. 26, and Nov. 7,
1927 680
May 4 and July 11, 1946
(special tariff position of
Philippines) 705
Sweden
Amity and commerce: Apr. 3,
1783 710
Most-favored-nation treatment
for areas under occupation
or control : July 3, 1 948 . . . 852
Reciprocal trade: May 25,
1935 799
Quantitative import restric-
tions
June 24, 1947 837
Feb. 11, 1948 846
June 12, 1948 850
June 27, 1949 866
Sweden and Norway
Sept. 4, 1816 868
July 4, 1827 876
Switzerland
Nov. 25, 1850 894
Jan. 9, 1936 926
Sept. 19-Nov. 14, 1940 940
Page
Commercial relations — Continued
Switzerland— Continued
Apr. 22, 1946 (importation of
watches) 954
Thailand
Mar. 20, 1833 978
May 29, 1856 982
Dec. 17 and 31, 1867 992
Dec. 16, 1920 997
Nov. 13, 1937 1016
Tonga: Oct. 2, 1886 1043
Tunis: Aug. 28, 1797 1088
Turkey
Commerce and navigation :
Oct. 1, 1929 1122
Most-favored-nation treatment
for areas under occupation
or control: July 4, 1948... 1177
Most-favored-nation treatment
in customs matters
Feb. 17 and 18, 1926 1107
Feb. 17, 1927 1113
May 19, 1928 1115
Apr. 8, 1929 1120
Reciprocal trade
Apr. 1, 1939 1136
Apr. 14 and 22, 1944 1145
Two Sicilies, The
Amity, commerce, and naviga-
tion: Oct. 1, 1855 1193
Commerce and navigation :
Dec. 1, 1845 1184
Union of Soviet Socialist Republics
Apr. 17, 1824 1205
Dec. 18, 1832 1208
Sept. 23, 1915 (exportation of
embargoed goods) 1242
Aug. 10 and 31, 1917 (exporta-
tion of embargoed goods) . 1 245
July 13, 1935 1259
July 11, 1936 1268
Aug. 4, 1937 1271
United Arab Republic
Nov. 16, 1884 1298
May 24, 1930 (most-favored-
nation treatment in cus-
toms matters) 1 329
Apr. 7, 1932 (customs privileges
for foreign service person-
nel) 1337
May 4 and Aug. 15, 1946
(special tariff position of
Philippines) 1362
Commercial relations with respect
to all Spanish possessions:
Spain
Sept. 21, 1887 577
Dec. 21, 1887 579
May 26, 1888 580
1374
INDEX
Page
Commercial relations with respect
to Cuba and Puerto Rico:
Spain
Jan. 2, 1884 571
Feb. 13, 1884 573
Oct. 27, 1886 575
Jan. 3-July 31, 1891 581
Jan. 10 and 1 1, 1895 595
Conciliation (see also Arbitration)
Poland: Aug. 16, 1928 221
Portugal
Feb. 4, 1914 331
Nov. 16, 1915 334
Romania: Mar. 21, 1929 411
South Africa: Apr. 2, 1940 476
Spain
Sept. 15, 1914 661
Nov. 16 and Dec. 20, 1915. . . . 664
Sweden
Oct. 13, 1914 741
Nov. 16, 1915 744
June 30, 1939 821
Switzerland: Feb. 16, 1931 920
Union of Soviet Socialist Repub-
lics: Oct. 1, 1914 1239
United Arab Republic: Aug. 27,
1929 1327
Consular relations (see also Commer-
cial relations and Friendly and
general relations)
Philippines: Mar. 14, 1947 74
Poland
June 15, 1931 237
Mar. 9, 1934 (Free City of
Danzig) 263
Oct. 5 and 30, 1945 (customs
privileges) 283
Romania: June 17, 1881 382
Saudi Arabia: Nov. 7, 1933 456
Sweden
June 1, 1910 730
June 23 and 29, 1931 (customs
privileges) 771
Jan. 5 and 17, 1933 (customs
privileges) 776
Turkey: Feb. 17, 1927 1109
United Arab Republic: Mar. 16
and Apr. 7, 1932 1337
Copyrights
Philippines: Oct. 21, 1948 160
Spain
July 6 and 15, 1895 597
Dec. 10, 1898 (ceded terri-
tories) 620
Jan. 29 and Nov. 18 and 26,
1902 639
I'liye
Corregidor Island and Pettit Bar-
racks, transfer of. See under
Military bases, Philippines.
Cuba and Puerto Rico, commercial
relations with respect to. See
Commercial relations with re-
spect to Cuba and Puerto Rico.
Cultural exchange programs, financ-
ing of. See Educational ex-
change programs, financing of.
Danzig, Free City of. See under
Poland.
Debt funding
Poland
Nov. 14, 1924 195
June 10, 1932 260
Romania
Dec. 4, 1925 398
June 11, 1932 420
Drugs. See Narcotic drugs.
Durango, Brigs Pocket and (claims):
Texas, Apr. 11, 1838 974
Economic cooperation (see also
Finance and Relief assistance)
Poland: Apr. 24, 1946 286
Portugal: Sept. 28, 1948 370
Sweden: July 3, 1948 855
Trieste, Free Territory of
Oct. 15, 1948 1048
Dec. 27 and 28, 1949 1064
Turkey
July 12, 1947 H63
July 4, 1948 n66
Economic settlements, postwar :
South Africa
Apr. 17, 1945 489
Mar. 21, 1947 493
Educational exchange programs,
financing
Philippines
Mar. 23, 1948 123
Apr. 2 and 8, 1948 131
Dec. 8 and 20, 1948 168
Turkey: Dec. 27, 1949 1 180
United Arab Republic: Nov. 3
1949 1364
Egypt. See United Arab Republic.
Employees, laborers and, recruit-
ment by U.S. Army: Philip-
pines, May 13 and 16, 1947. . . 107
Eskimos, American, visits to Siberia:
Union of Soviet Socialist Re-
publics, Feb. 7, Mar. 26, and
Apr. 18, 1938 1277
INDEX
1375
Page
Extradition
Poland
Nov. 22, 1927 206
Apr. 5, 1935 265
Aug. 22, 1935 (Free City of
Danzig) 267
Portugal: May 7, 1908 314
Romania
July 23, 1924 391
Nov. 10, 1936 423
San Marino
Jan. 10, 1906 440
Oct. 10, 1934 446
South Africa: Dec. 18, 1947 512
Spain
Jan. 5, 1877 . 549
Aug. 7, 1882 565
June 15, 1904 642
Sweden
Jan. 14, 1893 723
May 17, 1934 797
Sweden and Norway: Mar. 21,
1860 885
Switzerland
Nov. 25, 1850 894
May 14, 1900 ... 904
Jan. 10, 1935 924
Jan. 31, 1940 938
Thailand: Dec. 30, 1922 1008
Turkey: Aug. 6, 1923 1099
Two Sicilies, The: Oct. 1, 1855. . 1193
Union of Soviet Socialist Repub-
lics: Mar. 28, 1887 1225
Finance (see also Debt funding and
Economic cooperation)
Philippines
Sept. 13 and 17, 1946 (Ameri-
can-Philippine Financial
Commission) 34
June 30, 1948 148
July 11, 1949 194
Fisheries: Union of Soviet Socialist
Republics
Fur seal: May 4, 1894 1230
Northwest coast: Apr. 17, 1824. . 1205
Fishery programs, Philippines: Mar.
14,1947 48
Florida, cession of: Spain, Feb. 22,
1819 529
Friendly and general relations (see
also Commercial relations and
Consular relations)
Philippines
July 4, 1946 1,3
July 10 and 12, 1946 (repre-
sentation of foreign in-
terests) _ 32
Page
Friendly and general relations — Con.
Spain
Oct. 27, 1795 (friendship, limits,
and navigation) 516
Feb. 22, 1819 (amity, settle-
ment, and limits) 528
July 3, 1902 628
Syria: Sept. 7 and 8, 1944 (rights
of American nationals) 970
Tripoli
Nov. 4, 1796, and Jan. 3, 1797
(peace and friendship).... 1070
June 4, 1805 (peace and amity). 1081
Tunis
Feb. 24, 1824 (peace) 1096
Mar. 15, 1904 (relations in
Tunis) - 1098
Turkey
Feb. 17, 1927 1109
Oct. 28, 1931 (establishment
and [sojourn) 1 127
Union of Soviet Socialist Re-
publics: Nov. 16, 1933 1248
Geneva (Red Cross) convention, ad-
ditional articles VI-XV of:
Oct. 20, 1868 607
Geodetic program, coast and: Phil-
ippines, May 12, 1947 90
Germany, occupation zones in,
boundary changes between
U.S. and Soviet zones: Union
of Soviet Socialist Republics,
Sept. 17, 1945.... 1290
Gold looted by Germany, restitution
of: Spain, Apr. 30 and May 3,
1948 708
Graves, war. See Military cemeteries.
Hospitals and medical care for Phil-
ippine veterans: Philippines,
June 7, 1949 185
Industrial and intellectual property.
See China, protection of indus-
trial property in; Copyrights;
Patents; and Trademarks.
Intoxicating liquors. See Alcoholic
beverages.
Judicial procedure: Spain
Jan. 12, 1877 554
Dec. 10, 1898 (ceded territories). . 619
Juridical protection: Saudi Arabia,
Nov. 7, 1933 456
1376
INDEX
Page
Jurisdiction over offenses cominited
by armed forces. See Military
forces accused of committing
offenses.
Kronprins Gustqf Adolf and Pacific
(claims): Sweden, Dec. 17,
1930 767
Laborers and employees, recruit-
ment by U.S. Army: Phil-
ippines, May 13 and 16, 1947. . 107
Lend-lease
Poland: July 1, 1942 274
Turkey: Feb. 23, 1945 1 147
Union of Soviet Socialist Repub-
lics
June 11, 1942 1281
Oct. 15, 1945 (disposition of
supplies in inventory). . . . 1290
Lend-lease settlement
South Africa
Apr. 17, 1945 486
Mar. 21, 1947 493
Turkey: May 7, 1946 1 158
Union of Soviet Socialist Repub-
lics: Sept. 27, 1949 (return
of vessels) 1 295
Letters rogatory
Spain: Aug. 5 and 7 and Nov. 7,
1901 625
Union of Soviet Socialist Repub-
lics: Nov. 22, 1935 1262
Liquors, spirituous. See Alcoholic
beverages.
Maritime matters
Coast and geodetic program:
Philippines, May 12, 1947. . 90
Load-line certificates : Sweden,
Jan. 27 and June 1, 1932. . . 773
Measurement certificates for
vessels
Poland
Jan. 17, Mar. 14, and
Apr. 22, 1930 229
Dec. 4, 1937 (Free City of
Danzig) 269
Union of Soviet Socialist Re-
publics: June 6, 1884 1223
Naval charter for lease of vessels :
Philippines, Sept. 26, 1947-
June7,1948 137
Navigation dues, exemption of
pleasure yachts from: Swe-
den, Oct. 22 and 29, 1930. . 763
Return of vessels (lend-lease
settlement): Union of Soviet
Socialist Republics, Sept. 27,
1949 1295
Page
Meteorological program: Phil-
ippines, May 12, 1947 96
Mexico, mining rights in: Spain,
July 2 and 6, 1914 659
Military assistance, Philippines
Mar. 21, 1947 84
Sept. 26, 1947-June 7, 1948
(naval charter for lease of
vessels) 137
Military bases, Philippines
Agreement: Mar. 14, 1947 55
Clark Field, establishment of
bank: Oct. 3 and 14, 1947. . 121
Corregidor Island and Pettit
Barracks, transfer, Oct. 12,
1947.. 121
Jan. 2 and 3, 1948 122
Feb. 19 and 29, 1948 122
Leyte-Samar Naval Base, transfer
from annex A to annex B
of Bases Agreement: July 1
and Sept. 12, 1947 107
Mariveles Quarantine Reserva-
tion: Dec. 18 and 19, 1947 . . 121
Military reservations, transfer of:
May 14 and 16, 1949 178
Nichols Field, certain parcels of
land at: Dec. 23 and 24,
1947 122
Occupation of temporary quar-
ters and installations
Mar. 14, 1947 66
Mar. 26 and 28, 1949 171
May Hand 16, 1949 175
Military cemeteries
Philippines
Mar. 14, 1947 60
Mar. 31 and Apr. 1, 1948 130
Romania: June 19 and 28, 1946
(war graves registration and
associated matters) 428
Military forces accused of commit-
ting offenses
Exchange of: Poland
Aug. 5 and 29, 1946 289
Feb. 6 and Apr. 3 and 14, 1947 . 292
Jurisdiction over
Philippines: Mar. 14, 1947 62
United Arab Republic: Mar. 2,
1943 1347
Military service
Poland: Mar. 30, 1942-Feb. 25,
1943 277
South Africa: Mar. 31 -Oct. 31,
1942 479
Sweden: Jan. 31, 1933 (dual
nationality) 778
Switzerland: Nov. 11, 1937
(dual nationality) 936
INDEX
1377
Page
Mining rights in Mexico: Spain,
July 2 and 6, 1914 659
Monetary gold looted by Germany,
restitution of: Spain, Apr. 30
and May 3, 1948 708
Narcotic drugs
Poland
Feb. 10-Aug. 24, 1928 (Free
City of Danzig) 213
Aug. 17 and Sept. 17, 1931 257
Portugal: Feb. 11, 1928, and Feb.
22,1929 341
Romania: Feb. 4, 1928, and Apr.
17, 1929 414
Spain: Feb. 3, Mar. 10, and May
24,1928 684
Switzerland: Nov. 15 and 16,
1929 917
Turkey : Feb. 1 8 and Oct. 3, 1 928 . 1117
United Arab Republic: June 20
and Aug. 26, 1930 1331
Nationality
Dual nationality and military
service. See Military service.
Mixed nationality commission :
Poland, Feb. 16 and Mar. 8,
1947 290
Spanish nationality, extension of
time for Philippine declara-
tion of: Spain, Mar. 29,
1900 622
Nationals, American, rights of:
Syria, Sept. 7 and 8, 1944 970
Naturalization
Portugal: May 7, 1908 322
Sweden and Norway: May 26,
1869 888
Naval bases, Philippines. See Mili-
tary bases, Philippines.
Naval charter for lease of vessels:
Philippines, Sept. 26, 1947-
June 7, 1948 137
Naval warfare (application of Ge-
neva "Red Cross" convention):
Spain, May 13, 1898 599
Neutrals at sea, rights of
Two Sicilies, The: Jan. 13, 1855. 1191
Union of Soviet Socialist Repub-
lics: July 22, 1854 1214
Norway and Sweden. See Sweden
and Norway.
Occupation zones
Boundary changes between U.S.
and Soviet occupation zones
in Germany: Sept. 17, 1945. 1290
Page
Occupation zones — Continued
Most-favored-nation treatment in
areas under occupation or
control. See under Commer-
cial relations.
Trieste, Free Territory of (British-
U.S. zone). See Trieste, Free
Territory of.
Pacific and Kronprins Gustaf Adolf
(claims): Sweden, Dec. 17,
1930 767
Patents {see also Trademarks)
Applications, rights of priority:
Philippines, Feb. 12 and
Aug. 4 and 23, 1948 149
Laws, reciprocal benefits: Switz-
erland, Jan. 17 and 28, 1908. 909
Rights in ceded territories: Spain,
Dec. 10, 1898 620
Rights in China, protection of:
Sweden, Feb. 26 and Mar. 7,
1913 737
Peace, friendship, and commerce.
See Commercial relations and
Friendly and general relations.
Peace with Spain
Basis for establishment of: Aug.
12, 1898 613
Treaty of Paris: Dec. 10, 1898. . . 615
Peaceful settlement of disputes. See
Arbitration and Conciliation.
Philippines (see also under Spain for
agreements relating to Philippines
under Spanish possession)
Air navigation program: May 12,
1947 102
Air transport services
Nov. 16, 1946 37
Aug. 27, 1948 158
Airfields, military. See under Mili-
tary bases, infra.
Claims
Public and private, payment of:
Aug. 27, 1948 153
Veterans' claims: July 25 and
28, 1949 194
Coast and geodetic program:
May 12, 1947 90
Commercial relations (see also
Commercial relations with
respect to all Spanish posses-
sions)
Special tariff position. See under
Commercial relations.
Trade and related matters:
July 4, 1946 7
Consular relations: Mar. 14,
1947 74
1378
INDEX
Page
Philippines — Continued
Copyrights: Oct. 21, 1948 160
Corregidor Island and Pettit Bar-
racks, transfer of. See under
Military bases, infra.
Educational exchange program,
financing
Mar. 23, 1948 123
Apr. 2 and 8, 1948 131
Dec. 8 and 20, 1948 168
Finance
June 30, 1948 148
July 11, 1949 194
Financial Commission, Ameri-
can-Philippine: Sept. 13 and
17, 1946 34
Fishery programs: Mar. 14, 1947. 48
General relations
July 4, 1946 1,3
July 10 and 12, 1946 (represen-
tation of foreign interests). 32
Hospitals and medical care for
Philippine veterans: June 7,
1949 185
Meteorological program: May 12,
1947 96
Military assistance
Mar. 21, 1947 84
Sept. 26, 1947-June 7, 1948
(naval charter for lease of
vessels) 137
Military bases
Agreement: Mar. 14, 1947. ... 55
Clark Field, establishment of
bank at: Oct. 3 and 14,
1947 121
Corregidor Island and Pettit
Barracks, transfer of
Oct. 12, 1947 121
Jan. 2 and 3, 1948 122
Feb. 19 and 29, 1948 122
Leyte-Samar Naval Base, trans-
fer from annex A to annex
B of Bases Agreement:
July 1 and Sept. 12, 1947. 107
Mariveles Quarantine Reser-
vation, transfer: Dec. 18
and 19, 1947 121
Military reservations, transfer
of certain: May 14 and
16,1949 178
Nichols Field, transfer of cer-
tain parcels of land at :
Dec. 23 and 24, 1947.... 122
Occupation of temporary quar-
ters and installations
Mar. 14, 1947 66
Page
Philippines — Continued
Military bases — Continued
Occupation — Continued
Mar. 26 and 28, 1949 171
May 14 and 16, 1949 175
Military cemeteries
Mar. 14, 1947 60
Mar. 31 and Apr. 1, 1948 130
Naval charter for lease of ves-
sels: Sept. 26, 1947-June 7,
1948 137
Patent applications, rights of pri-
ority in: Feb. 12 and Aug. 4
and 23, 1948 149
Postal convention: Sept. 17 and
30, 1947 115
Publications, exchange of: Apr.
12 and June 7, 1948 134
Radiobroadcasting : Sept. 4, 1 947 . 1 08
Recruitment of laborers and em-
ployees by U.S. Army: May
13 and 16, 1947 107
Roads program, public
Feb. 14, 1947 42
Dec. 16 and 21, 1949 194
Pilot licenses for civil aircraft
South Africa: Mar. 17 and Sept.
20,1933 469
Sweden: Sept. 8 and 9, 1933 788
Pocket and Durango, case of the
(claims ) : Texas, Apr. 1 1 , 1 838 . 974
Poland
Arbitration: Aug. 16, 1928 218
Conciliation: Aug. 16, 1928 221
Commercial relations
Friendship, commerce and
consular rights
Juneji15, 1931 237
Mar. 9, 1934 (Free City of
Danzig) 263
Most-favored-nation treatment
in customs matters: Feb.
10, 1925 202
Customs privileges for foreign
service personnel: Oct. 5 and
30,1945 283
Debt funding
Nov. 14, 1924 195
June 10, 1932 260
Economic and financial coopera-
tion: Apr. 24, 1946 286
Exchange of members of armed
forces accused of committing
crimes
Aug. 5 and 29, 1946 289
Feb. 6 and Apr. 3 and 14, 1947. 292
INDEX
1379
Page
Poland — -Continued
Extradition
Nov. 22, 1927 206
Apr. 5, 1935 265
Aug. 22, 1935 (Free City of
Danzig) 267
Lend-lease: July 1, 1942 274
Military service: Mar. 30, 1942-
Feb. 25, 1943 277
Mixed nationality commission :
Feb. 16 and Mar. 8, 1947. . . 290
Narcotic drugs
Feb. 10-Aug. 24, 1928 (Free
City of Danzig) 213
Aug. 17 and Sept. 17, 1931 . . . 257
Property, surplus
Apr. 22, 1946 285
Sept. 17, 1947 292
Dec. 10 and 31, 1947 292
Ship measurement certificates
Jan. 17, Mar. 14, and Apr. 22,
1930 229
Dec. 4, 1937 (Free City of
Danzig) 269
Smuggling of intoxicating liquors:
June 19, 1930 233
Visa fees for nonimmigrants
Jan. 4 and Mar. 8, 1929 224
Oct. 29, 1929-Jan. 17, 1930
(Free City of Danzig) .... 226
July 27 and Aug. 5, 1938 271
Portugal
Air transit facilities in the Azores
May 30, 1946 359
Feb. 2, 1948 366
Air Transport Command, U.S.,
operation through Portuguese
territory: Mar. 27, 1945. . . . 347
Air transport services
Dec. 6, 1945 351
June 28, 1947 362
Arbitration
Apr. 6, 1908 312
June 28, 1913 329
Sept. 14, 1920 336
Sept. 5, 1923 338
Mar. 1, 1929 344
Claims, settlement of
Feb. 26, 1851 304
Oct. 3, 1947- Aug. 4, 1949 ... . 381
Commercial relations
Aug. 26, 1840 293
May 22, 1899 307
Nov. 19, 1902 310
June 28, 1910 324
May 17, 1946 (supplies of
colonial sisal) 356
Page
Portugal — Continued
Commercial relations — Continued
May 18 and Aug. 26, 1946
(special tariff position of
Philippines) 360
Sept. 28, 1948 (most-favored-
nation treatment for areas
under occupation or con-
trol) 367
Conciliation
Feb. 4, 1914 331
Nov. 16, 1915 334
Economic cooperation: Sept. 28,
1948 370
Extradition: May 7, 1908 314
Narcotic drugs: Feb. 11, 1928,
and Feb. 22, 1929 341
Naturalization: May 7, 1908 322
War, prosecution of the: Nov. 28,
1944 346
Postal convention: Philippines,
Sept. 17 and 30, 1947 115
Prisoners of war, repatriation of
Spain: Dec. 10, 1898 617
Union of Soviet Socialist Repub-
lics: Feb. 11, 1945 1286
Property, disposal of: Switzerland,
May 18, 1847 892
Property, surplus
Poland
Apr. 22, 1946 285
Sept. 17, 1947 292
Dec. 10 and 31, 1947 292
South Africa : Mar. 2 1 , 1 947 493
Trinidad and Tobago: Apr. 24,
1947 1066
Publications, exchange of
Philippines: Apr. 12 and June 7,
1948 134
South Africa: Nov. 16, 1949 513
Sweden: Dec. 16, 1947 843
Thailand: Sept. 5, 1947 1040
Radiobroadcasting: Philippines,
Sept. 4, 1947 108
Radio-teletype communication
channels: Union of Soviet So-
cialist Republics, May 24, 1 946 . 1 29 1
Red Cross convention (Geneva),
additional articles VI-XV of:
Oct. 20, 1868 607
Relief assistance (see also Economic
cooperation and Finance)
Romania: Feb. 18-24, 1947 431
Trieste, Free Territorv of: Feb. 1 1 ,
1949 1060
1380
INDEX
Page
Roads program, public: Philippines
Feb. 14, 1947 42
Dec. 16 and 21, 1949 194
Romania
Arbitration: Mar. 21, 1929 408
Commerce, most-favored-nation
treatment
Feb. 26, 1926 (customs mat-
ters) 405
Aug. 20, 1930 417
Conciliation: Mar. 21, 1929 411
Consular rights, privileges, and
immunities: June 17, 1881 . . 382
Debt funding
Dec. 4, 1925 398
June 11, 1932 420
Extradition
July 23, 1924 391
Nov. 10, 1936 423
Narcotic drugs: Feb. 4, 1928, and
Apr. 17, 1929 414
Relief assistance: Feb. 18-24,
1947 431
Trademarks: Mar. 31, 1906 389
Visa fees for nonimmigrants, re-
duction of: Aug. 25, 29, and
30, 1939 425
War graves registration and asso-
ciated matters: June 19 and
28,1946 428
Russia. See Union of Soviet Socialist
Republics.
Samoa: Jan. 17, 1878 (friendship
and commerce) 437
San Marino: extradition
Jan. 10, 1906 440
Oct. 10, 1934 446
Sardinia: Nov. 26, 1838 (commerce
and navigation) 448
Saudi Arabia: Nov. 7, 1933 (diplo-
matic and consular representa-
tion; juridical protection; com-
merce and navigation) 456
Seal fisheries, fur: Union of Soviet
Socialist Republics, May 4,
1894 1230
Siam. See Thailand.
Sicilies, The Two. See Two Sicilies,
The.
Sisal, Portuguese colonial, supplies
of: Portugal, May 17, 1946. . . 356
Smuggling, suppression of
Alcoholic beverages
Poland: June 19, 1930 233
Spain: Feb. 10, 1926 676
Sweden : May 22, 1924 750
Page
Smuggling, suppression of — Continued
Narcotic drugs. See Narcotic
drugs.
South Africa
Air navigation: Mar. 17 and
Sept. 20, 1933 462
Air transport services: May 23,
1947 501
Aircraft, civil, pilot licenses to
operate: Mar. 17 and Sept.
20, 1933 469
Airworthiness certificates for im-
ported aircraft, recognition
of: Oct. 12 and Dec. 1, 1931 . 459
Conciliation: Apr. 2, 1940 476
Economic settlements, postwar
Apr. 17, 1945 489
Mar. 21, 1947 493
Extradition: Dec. 18, 1947 512
Lend-lease settlement
Apr. 17, 1945 486
Mar. 21, 1947 493
Military service: Mar. 31-Oct.
31,1942 479
Publications, exchange of: Nov.
16,1949 513
Taxation, double
Dec. 13, 1946 (income) 492
Apr. 10, 1947 (estates) 500
Visa fees for nonimmigrants, re-
duction of: Mar. 24, 1937. . . 473
Soviet Union. See Union of Soviet
Socialist Republics.
Spain
Air transport services
Dec. 2, 1944 693
Dec. 21, 1945, and Jan. 15,
1946 700
Feb. 21 and Mar. 12, 1946. ... 703
Arbitration
Apr. 20, 1908 653
May 29, 1913 657
Mar. 8, 1919 666
Boundaries
Oct. 27, 1795 516
Feb. 22, 1819 528
Claims
Case of the Virginius: Feb. 27,
1875 544
Settlement of
Oct. 27, 1795 524
Aug. 11, 1802 526
Feb. 22, 1819 531
Feb. 17, 1834 537
Aug. 24, 1927, and May 13
and June 20, 1929 687
INDEX
1381
Page
Spain — Continued
Claims Commission, Spanish-
American
Feb. 11 and 12, 1871 540
Feb. 23, 1881 557
May 6, 1882 560
June 2, 1883 569
Commercial relations (see also
Friendly and general re-
lations, infra)
Aug. 1 and Dec. 20, 1906 649
Feb. 20, 1909 655
Oct. 6 and 22, 1923 668
Apr. 26 and 27, 1924 670
May 2, 1925 672
May 25, Oct. 26, and Nov. 7,
1927 680
May 4 and July 11, 1946
(special tariff position of
Philippines) 705
Commercial relations with re-
spect to all Spanish posses-
sions
Sept. 21, 1887 577
Dec. 21, 1887 579
May 26, 1888 580
Commercial relations with re-
spect to Cuba and Puerto
Rico
Jan. 2, 1884 571
Feb. 13, 1884 573
Oct. 27, 1886 575
Jan. 3-July 31, 1891 581
Jan. 10 and 11, 1895 595
Conciliation
Sept. 15, 1914 661
Nov. 16 and Dec. 20, 1915 664
Copyrights
July 6 and 15, 1895 597
Dec. 10, 1898 (ceded terri-
tories) 620
Jan. 29 and Nov. 18 and 26,
1902 639
Cuba and Puerto Rico
Cession of
Aug. 12, 1898 613
Dec. 10, 1898 615
Commercial relations with. See
Commercial relations with
respect to Cuba and Puerto
Rico and Commercial re-
lations with respect to all
Spanish possessions, supra.
Extradition
Jan. 5, 1877 549
Aug. 7, 1882 565
June 15, 1904 642
Page
Spain — Continued
Friendly and general relations
(see also Commercial rela-
tions, supra)
Oct. 27, 1795 516
Feb. 22, 1819 528
July 3, 1902 628
Judicial procedure
Jan. 12, 1877 554
Dec. 10, 1898 (ceded ter-
ritories) 619
Letters rogatory: Aug. 5 and 7
and Nov. 7, 1901 625
Mining rights in Mexico: July 2
and 6, 1914 659
Monetary gold looted by Ger-
many, restitution: Apr. 30
and May 3, 1948 708
Narcotic drugs: Feb. 3, Mar. 10,
and May 24, 1928 684
Naval warfare (application of
Geneva "Red Cross" con-
vention): May 13, 1898 599
Peace, basis for establishment of:
Aug. 12, 1898 613
Peace treaty (Treaty of Paris):
Dec. 10, 1898 615
Philippines
Cession of
Dec. 10, 1898 616
Nov. 7, 1900 (outlying
islands) 623
Commercial relations. See Com-
mercial relations with re-
spect to all Spanish pos-
sessions.
Extension of time for declara-
tion of Spanish nationality:
Mar. 29, 1900 622
Puerto Rico. See Cuba and Puerto
Rico, supra.
Smuggling (alcoholic beverages),
suppression of: Feb. 10,
1926 676
Taxation, double (shipping profits) :
Apr. 16 and June 10, 1930. . 690
Trademarks
June 19, 1882 563
Dec. 10, 1898 (ceded terri-
tories) 620
Visa fees for nonimmigrants, re-
duction of: June 19 and 27,
1925 674
Sweden (see also Sweden and
Norway)
Air navigation: Sept. 8 and 9,
1933 780
1384
INDEX
Page
Turkey — Continued
Commercial relations — Continued
Most-favored-nation treatment
in customs matters
Feb. 17 and 18, 1926 1107
Feb. 17, 1927 1113
May 19, 1928 1115
Apr. 8, 1929 1120
Reciprocal trade
Apr. 1, 1939 1136
Apr. 14 and 22, 1944 1145
Economic cooperation: July 4,
1948 1166
Educational and cultural ex-
change programs, financing
of: Dec. 27, 1949 1180
Extradition: Aug. 6, 1923 1099
Lend-lease: Feb. 23, 1945 1 147
Lend-lease settlement: May 7,
1946 1158
Narcotic drugs: Feb. 18 and
Oct. 3, 1928 1117
Relations (sec also Commercial re-
lations, supra )
Feb. 17, 1927 1109
Oct. 28, 1931 (establishment
and sojourn) 1 127
Two Sicilies, The
Amity, commerce, and naviga-
tion; extradition: Oct. 1,
1855 1193
Claims: Oct. 14, 1832 1181
Commerce and navigation :
Dec. 1,1845 1184
Rights of neutrals at sea: Jan. 13,
1855 1191
Union of South Africa. See South
Africa.
Union of Soviet Socialist Republics
Alaska, cession of: Mar. 30, 1 867 . 1216
Claims
Sept. 8, 1900 (arrest and seizure
ofvessels) 1232
Nov. 16, 1933 1256
Commercial associations, corpo-
rations and other: June 25,
1904 1235
Commercial and customs relations
Dec. 18, 1832 (commerce and
navigation) 1208
Sept. 23, 1915 (exportation of
embargoed goods) 1242
Aug. 10 and 31, 1917 (exporta-
tion of embargoed goods). . 1245
July 13, 1935 1259
July 11, 1936 1268
Page
Union of Soviet Socialist Repub-
lics— Continued
Commercial and customs rela-
tions— Continued
Aug. 4, 1937 (most-favored-na-
tion treatment in customs
matters) 1271
Conciliation: Oct. 1, 1914 1239
Extradition: Mar. 28, 1887 1225
Fisheries on northwest coast, navi-
gation and: Apr. 17, 1824. . . 1205
Fur seal fisheries : May 4, 1 894 ... 1 230
General relations (see also Com-
mercial relations, supra):
Nov. 16, 1933 1248
Germany, boundary changes be-
tween U.S. and Soviet zones
of occupation in: Sept. 17,
1945 1290
Lend-lease: June 11, 1942 1281
Lend-lease settlement (return of
vessels): Sept. 27, 1949 1295
Lend-lease supplies in inventory,
disposition of: Oct. 15, 1945 . 1290
Letters rogatory, execution of:
Nov. 22, 1935.. 1262
Measurement certificates for ves-
sels: June 6, 1 884 1223
Neutrals at sea, rights of: July 22,
1854 1214
Prisoners of war and civilians, care
and repatriation of: Feb. 11,
1945 1286
Radio-teletype communication
channels: May 24, 1946 1291
Trademarks
Jan. 27, 1868 1220
Mar. 28, 1874 1222
Trademarks in China, protection
of: June 28, 1906 1237
Visits to Siberia by American Es-
kimos: Feb. 7, Mar. 26, and
Apr. 18, 1938 1277
United Arab Republic
Air transport services: June 15,
1946 1357
Airfield services. See under Payne
Field, infra.
Arbitration: Aug. 27, 1929 1325
Arbitration of George J. Salem
claim: Jan. 20, 1931 1334
Commercial and customs relations
Nov. 16, 1884 1298
May 24, 1930 (most-favored-
nation treatment in cus-
toms matters) 1329
INDEX
1385
Page
United Arab Republic — Continued
Commercial and customs rela-
tions— Continued
Mar. 16 and Apr. 7, 1932 (cus-
toms privileges for foreign
service personnel) 1337
May 4 and Aug. 15, 1946 (spe-
cial tariff position of
Philippines) 1362
Conciliation: Aug. 27, 1929 1327
Educational exchange program,
financing : Nov. 3, 1 949 1 364
Jurisdiction over criminal offenses
committed by members of
armed forces : Mar. 2, 1943 . . 1 347
Narcotic drugs: June 20 and
Aug. 26, 1930 1331
Payne Field
Customs, public health, and po-
lice controls : Jan. 5, 1 946 . 1 354
Use by military aircraft:
June 15, 1946 1355
Use for international civil air
traffic: June 15, 1946 1354
Visafees:Aug. 15-Oct. 21, 1933. . 1340
Veterans: Philippines
Claims : July 25 and 28, 1 949 ... . 194
Hospitals and medical care for:
June 7, 1949 185
Virginius, case of the (claims): Spain,
Feb. 27, 1875 544
Visas and visa fees
Poland
Jan. 4 and Mar. 8, 1929 224
Oct. 29, 1929-Jan. 17, 1930
(Free City of Danzig) 226
July 27 and Aug. 5, 1938 271
Romania: Aug. 25, 29, and 30,
1939 425
Page
Visas and visa fees — Continued
South Africa: Mar. 24, 1937 473
Spain: June 19 and 27, 1925 674
Sweden
June 29 and 30, 1925 757
Sept. 4 and 11, 1939 823
Apr. 10 and 30 1947 834
Switzerland
May 11, 1925 915
Oct. 22-Nov. 13, 1947 959
Thailand: Sept. 19,1925 1014
United Arab Republic: Aug. 15-
Oct. 21, 1933 1340
Visits to Siberia by American
Eskimos: Union of Soviet
Socialist Republics, Feb. 7,
Mar. 26, and Apr. 18, 1938.. 1277
War graves. See Military cemeteries.
Warfare, rules of
Naval warfare (application of
Geneva "Red Cross" conven-
tion): Spain, May 13, 1898. 599
Neutrals at sea, rights of
Two Sicilies, The: Jan. 13,
1855 1191
Union of Soviet Socialist Re-
publics: July 22, 1854. . . . 1214
Prosecution of the war: Portugal,
Nov. 28, 1944 346
Watches, importation of (trade):
Switzerland, Apr. 22, 1946 954
Weather program: Philippines,
May 12, 1947 96
West Indies, Federation of The
(Trinidad and Tobago): Apr.
24,1947 1066
U.S. GOVERNMENT PRINTING OFFICE. 1974
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